Cam my landlord charge me for rent incurred by us moving out earlier the expected
State/Country relating to question: California
Working out deductions they took from our deposit
Their prorated rent for the home they were renting
Hello,If a tenant is under a lease for a set term and they breach, the landlord can hold them liable for up to the entire remaining term of the lease. However, the landlord has a duty to mitigate his damages by trying to re-rent as soon as possible and can only charge for actual lost rent and damages..If tenant is a month to month tenant, they have to give a 30 day written notice to terminate. If they fail to do so, landlord can charge them for up to another 30 days rent in addition to any damages and delinquent rent..
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Sorry maybe I was not clearWe agreed with our landlords to move out ealrlier than expectedThe landlords were renting another place for themselves They claimed they were charged a prorated amount because of their leaseand deducted from our depositCan they do this?
Ok, I misunderstood your comments..Let's back up a little bit so I can get a few more details..Were you current on your rent when you moved?.Were you under a written lease for a set period or were you month to month?.Did you give written notice that you were moving?.Did you breach your lease?.Did landlord move back in? and if so when did they move back in?
Not current on rent and has been taken out of depositLeaseSet period and they agreed to end leaseYes on written noticeYes they moved back in on April 1
Ok, If you agreed with the landlord to move out early then they would only have grounds to deduct from your deposit any delinquent rent and damages under your lease. They could only charge you for any default on your lease.
. So lets say you gave 30 days notice to terminate lease on the 1st of March. Then you moved out on the 30th. If they moved back in on the April 1, then they couldn't charge you for any lost rent because they didn't re-rent, but rather moved back in.
Anything that they had to pay their landlord would be between them and the landlord if they breached their lease. The landlord can only charge you for any lost rent on your lease that they would have earned had you stayed. So if they moved back in, they wouldn't have lost any rent because they wouldn't have re-rented. . Their lease was between them and their landlord and has nothing to do with you. If they had stayed in their lease and tried to re-rent their house and been unable to do so, then they could have charged you for their lost rent. But when they moved back in, they waived that right to charge you for any additional rent.
If they were charged rent from their landlord because they voluntarily left and moved back into their house, that was their choice and they would bear the consequences of the breach with their landlord.
Essentially they did it wrong. If they had fulfilled their lease and you breached, then they could have held you liable for any lost rent. Their contractual obligations with their landlord has nothing to do with you.
The long and short of it is that if they have unlawfully withheld part of your deposit as compensation for their breach with their landlord, you can file suit in small claims for a return of that portion that was unlawfully withheld.
13 years real estate, Realtor. Landlord 24+ years
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