Real Estate Law
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Hello and welcome.
My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Have you been able to locate a new tenant to take possession of the property yet?
I look forward to assisting you as soon as I have received this information. Thank you.
Thanks for your swift reply. I am currently interviewing perspective tenants. Just to fill in the time line. The original couple paid the depositi the beginning of October, and were to move in on Oct. 12. On oct. 7th I received a phone call that they were going to stay in their home., and they asked about their deposit. I indicated I would get in touch with them. On Oct. 10th they called me and emailed me numerous times, and finally when I spoke with the husband he indicated that he had waited 72 hours for my answer and didn't know what was taking so long. He was very unpleasant, to say the least on the phone. On Tuesday, Oct. 8 I put the sign back up and have been screening calls since then. Yesterday, Oct. 13 I showed the unit 3 times, and I hope I have a tenant from that. I have just verified employment on one perspective couple.
That's a long answer to your short question. I hope this information helps.
Hello again, Carol. I appreciate the information very much and it does aid me in answering your question.Since the tenants who were supposed to move in on the 12th are now in breach of their lease agreement with you, you are typically entitled to lost rents as well as reasonable administrative and advertising costs in locating a new tenant.If, for example, a new tenant is able to move in on the 20th of October and begin paying rent then, you would normally be entitled to deduct from the security deposit of the original tenants the lost rent from the 12th-19th plus reasonable advertising and administrative costs and refund the balance.The time frame for refunding a security deposit in CA is normally 21 days from the date the tenant moved out. Since they never moved in, that time would normally begin running on the date they notified you of their intent to terminate the lease early and you lose your ability to retain the deposit if you miss the 21 day deadline.If you do not know how much lost rent and other costs will be deducted from their deposit within the 21 days, then it is typically best to send them a written itemization of how you expect the deposit to be applied to those costs within the 21 day time frame and refund any balance of the deposit. Then send the tenants a final itemized statement as to how the deposit was applied as soon as you know how much the costs are which will be deducted from their deposit. I would send the notices by certified mail or other method which allows you to retain proof that the notices were received by them.This will typically ensure that they cannot make a legal claim against you.
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Many thanks for your advice and expertise on this matter.
I am quite satisfied with the response, and the timeliness of it.
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