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grabill · Jan 17, 2012, 04:57 PM

Laguna woods calif 92654
I received a 30 day notice and they broke their lease which will expires April 30,2012.I have to have a realtor find me a new one and it will cost me 1 months rent, to find a new tenant plus a month to get it rented do I have to return there deposit?

excon · Jan 17, 2012, 05:01 PM

Hello g:

Not yet... They're responsible for the rent until you find another tenant plus the realtor costs. Of course, they're responsible for damage too.

As a landlord, you should familiarize yourself with your state landlord/tenant law.. After all, they ARE the RULES of the business which you've chosen to enter into.

excon

ScottGem · Jan 17, 2012, 05:05 PM

Your tenants gave you a 30 day notice on a lease that doesn't expire for more than 3 months? Tell them they have a lease and they are bound by the terms of that lease. There are therefore responsible for the rental until 4/30 or until you find a replacement tenant. Tell them you will be using their deposit towards the unpaid rent. If the deposit is not enough to cover you will be filing suit for the balance.

Following this up, once they move out, with a written statement of what you used the deposit for. This can include any repairs to the unit. I believe you must send them this accounting within 21 days after they vacate.

LisaB4657 · Jan 17, 2012, 07:22 PM

You don't have to return their deposit unless:

(1) You get a new tenant before the previous tenant's deposit is used up for upcoming rent; and

(2) There are no damages.

Once they move out and return the keys to you, you have 21 days to send them a written notice of how their deposit is being used. If you get a new tenant within that time you have to return the balance of the deposit less any deductions for damages. If you don't get a new tenant within that time then you tell them in writing that their deposit is being applied to the rent that they continue to owe and if the deposit will not cover all of the rent, then they will be responsible for the additional amount.

MAKE SURE THAT YOU SEND THE NOTICE WITHIN THE 21 DAYS OR YOU LOSE THE RIGHT TO RETAIN ANY OF IT!

Fr_Chuck · Jan 17, 2012, 07:58 PM

When they gave you notice, did you merely accept it ? Or did you notify them that they are not allowed to break the lease and you are expecting them to pay.