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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41220
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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My current occupants have been renting out a room to my home

Customer Question

My current occupants have been renting out a room to my home on AirBNB. Subletting is expressly forbidden in our lease agreement. Besides issuing a notice to vacate, a cease and desist of any airbnb activity, and written explanation of their violation, what else shall I do? Can I withhold their deposit for breach of contract? Our agreement says failure to uphold anypart of the lease is grounds for forfeiture of the deposit....
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question and thank you kindly for requesting me to assist you with your concerns.

I am sorry that you find yourself in this position. You must give them notice to quit over their breach, and a cease and desist. But that is it, so far--you cannot withhold their deposit because that clause, regardless as to whether or not it is in the lease, would likely not be valid. You can, however, withhold the deposit on the basis of future losses (liquidated damages over loss of future income once you remove them). You can still pursue them for damages and losses to your property if they or their sub-tenants damaged the property.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
should I just attempt to withhold the deposit, and if they argue me on it, then claim diquidated damages? Can you explain what I am able to do in terms of claiming these damages?
Customer: replied 1 year ago.
I have not received an answer to my follow up
Expert:  Dimitry K., Esq. replied 1 year ago.

I am sorry, I did not receive a follow-up. What is your question?

Customer: replied 1 year ago.
should I just attempt to withhold the deposit, and if they argue me on it, then claim diquidated damages? Can you explain what I am able to do in terms of claiming these damages?
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
To withhold damages you need to prove that damages exist. You cannot simply withhold without giving them an invoice and a breakdown for what reasons and costs their deposit is being withheld. "Liquidated" damages are different--that is based on a claim for a 'breach of contract' and is unrelated to the state of the property.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
In regards ***** ***** liquidated damages, is what I was referencing. You mentioned liquidated damages for loss of income. How might I go about proceeding forward with that?
Expert:  Dimitry K., Esq. replied 1 year ago.

You'd need to file suit. There is no other way to pursue it. You'd need to sit down and reasonably calculate your losses, and then file suit either in small claims or in higher court for the losses that your suffered.

Sincerely,

Dimitry, Esq.

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