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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 53697
Experience:  Lawyer; developer/owner of RE developments.
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I recently signed a termination of lease of agreement with

Customer Question

I recently signed a termination of lease of agreement with my tenant that wanted out of the lease contract 8 months before it ended. in the agreement it states that he would pay commission for the realtor to lease the property again, and that he will pay an additional $2500 to terminate the lease agreement. He gave a check for $1250 for the commission for me to release the property but never the $2500 check for the additional amount promised. He also damaged some of my property I kept his $2500 deposit. He is suing me for keeping his deposit.
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 4 months ago.

Hi Fannie. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 4 months ago.

Your tenant has some gall and audacity to sue you when he is in breach of your contract. Although the California statute does require you to either return the tenant's deposit or an explanation why within 21 days of the tenant vacating the property, in this case a court is not likely to rule in favor of the tenant. Although you can never prevent someone from filing a suit against you, here he is the one in breach of your contract regarding the termination of his lease early. Since he's brought the suit, you want to not only contest his claim, you want to file a counter suit against him for breach of contract and not only get what is owed you, but also, reimbursement for damages and unpaid rent that should have been paid by him until you were able to re-lease the property.

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