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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33757
Experience:  15 years real estate, Realtor. Landlord 26 years
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I had to break my lease 8 months early due to medical

Customer Question

I had to break my lease 8 months early due to medical conditions that prevent me from driving long distances and noise(baby crying all hours of the night). The owner of the property advertised on Craig's List for free and got a tenant within 6 days, she actually wanted me to move out a week early. i gave her one to two months notice, depending on how long it took her to find a tenant. She wanted to keep my whole security deposit and I told her it wasn't fair, so she agreed to give me half back minus any cleaning fees. Is this legal? I live in Los Angeles County.
Thank you,
Blanche McWane
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Did the landlord actually sign a lease with a new tenant 6 days after you vacated?

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Were there any damages to the dwelling or any delinquent rent owed?

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Did she send you any written notice that she was imposing these claims against the deposit?

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If so, did she send the notice within 21 days after you vacated?

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thanks

Barrister

Customer: replied 1 year ago.
I assumed he signed the lease, she wanted me to move out a week early. I just moved out yesterday and there were no damages, late rent or other problems with me. She has not sent me notice, as a matter of fact, she can't remember how much the security deposit was and asked me to send her the email with the lease.
Expert:  Barrister replied 1 year ago.

Ok, if you just moved out then she could only charge you for lost rent up until the date that the new tenant has signed a new lease to take possession.

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So if they are supposed to take possession tomorrow, then she has no damages and can't charge you anything unless the property needs cleaning.

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The law seeks to put the non-breaching party in the same position as they would have been in but for the breach. So if she hasn't lost any money, then she isn't entitled to any damages.

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She has 21 days to refund your deposit minus any legitimate charges or you can sue her in small claims court for up to 3 times the deposit.

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thanks

Barrister

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