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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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In California, Tenants broke their lease, moved one month

Customer Question

In California, Tenants broke their lease, moved one month early. Repairs to properly over $1,441.33 Total deposit was $2,540. After deducting for repairs we returned $1,098.67 to them. We lost 1/2 months rent due to length of time to make repairs.
We returned the deposit more than 21 days after tenants moved due to difficulties with repairs. We had to wait for venders and parts. Tenant is asking for the whole deposit be returned due to 21 day period exceeded.
Due to breach of contract I believe we have to charge them for rent loss, which we forgot to add into our list of repairs, so they owe us an additional $925.00. Your advice?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 8 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, did you accept their early termination of lease or no?

Customer: replied 8 months ago.
Only if we could lease the property without losses. Notice to break the lease was not in writing.
Expert:  Dimitry K., Esq. replied 8 months ago.

I see. Did you find a tenant right away, or not yet?

Customer: replied 8 months ago.
No, we did try, but due to the property needed so much work we had to stop looking until repairs could be made
Customer: replied 8 months ago.
I'm going to wait and talk to a local attorney in my home town. To awkward. please refund.
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Expert:  Dimitry K., Esq. replied 8 months ago.

Not a problem, I understand. I will go ahead and close out your question. Please be well!