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    howdijen's Avatar
    howdijen Posts: 1, Reputation: 1
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    #1

    Aug 7, 2010, 11:51 AM
    Landlord breaking a lease in California
    We rented our condo to one man for a three to six month lease. After two months, the HOA sent us a letter stating there was a "business being operated out of the unit". We found out there were three to four other people lving in the unit - not named on the lease. We have first and last months rent - asked them to leave, which they did. Do we have to refund last month's rent?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Aug 7, 2010, 12:15 PM

    If you broke the lease and they didn't stay that last month then you owe it back to them.
    coastalpm's Avatar
    coastalpm Posts: 4, Reputation: 1
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    #3

    Aug 8, 2010, 11:52 AM

    In CA LL-Tenant Law, there really is no such thing as "Last Month's Rent", it is all considered security deposit. You will need to send the tenant an accounting for the security deposit within 21 days of their vacating the unit. If they broke the lease, they are responsible for rent until you are able to re-rent the unit. You are required to put forth your best efforts in re-renting the unit. In practice, tenant breaking lease will not pay more than one month's rent (the security deposit). Hope this helps.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Aug 8, 2010, 12:41 PM
    Quote Originally Posted by coastalpm View Post
    In CA LL-Tenant Law, there really is no such thing as "Last Month's Rent", it is all considered security deposit. You will need to send the tenant an accounting for the security deposit within 21 days of their vacating the unit. If they broke the lease, they are responsible for rent until you are able to re-rent the unit. You are required to put forth your best efforts in re-renting the unit. In practice, tenant breaking lease will not pay more than one month's rent (the security deposit). Hope this helps.
    In this case it was the landlord that broke it. And if it is written as last months rent then that is exactly what it is.
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    coastalpm Posts: 4, Reputation: 1
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    #5

    Aug 8, 2010, 04:09 PM

    Stand corrected.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Aug 8, 2010, 04:19 PM
    Quote Originally Posted by howdijen View Post
    there was a "business being operated out of the unit".
    Hello h:

    While I suspect the above didn't violate your lease per se, but it DID violate your HOA by-laws. If you have a provision in your lease that says they are to abide by ALL HOA rules, then, the tenant broke the lease, and is responsible for the rent until you rent it, or the lease runs out.

    If you DON'T, then you might have something in there about moving other occupants in WITHOUT your permission..

    I don't know. Only YOU know what you wrote.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Aug 8, 2010, 04:25 PM

    Also how you worded your request to leave may matter. If you pointed out that they have more people living there then allowed on the lease and that you received a complaint from the HOA, then you can say your termination of the lease was due to their violations.

    Yes if you just told them to vacate and they did, then you would have been considered breaking the lease. But if you told them to vacate because they very violating the lease, then they broke the lease.
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