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I broke a lease with my landlord. He found a new tenant and…

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I broke a lease with...
I broke a lease with my landlord. He found a new tenant and I am not responsible anymore for the rent. I never lived in the apartment, I rented for two months but I did not move in.
Now my landlord wants to keep the deposit, is he allowed to do that?
There is nothing in the lease regarding breaking the lease
Thanks
Submitted: 3 years ago.Category: Landlord-Tenant
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Answered in 8 minutes by:
6/4/2015
Lawyer: Loren, Lawyer replied 3 years ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 38,271
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.
If your landlord has not lost any rent then he has no basis to make a claim for unpaid rent and take it out of your deposit.
In other words, if the transition to the new tenant was seamless and no rent was lost you can sue the landlord for damages in small claims court.
I hope this is helpful. If you have any follow up questions feel free to post them. It is never a problem.
Thank you.
Loren
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Customer reply replied 3 years ago
Over the last few days, I have spoken to a lawyer to understand the law. I am attaching the copy of the law at the bottom of the email. I have verified with a lawyer that I have rights to deduct payment from security deposit related to the processing
of new tenants. I had earlier contracted with a leasing company to lease the condo, they were charging 5% of the yearly rent for their services(show, and process new tenant application). I asked my lawyer that If I did not hire leasing company but showed condo
on my own, am I entitled to similar amount and he said yes because time spent needs to be compensated(Time=Money). Because If I had not done it on my own, I would have paid leasing company $1800 to show the condo and lease the condo. If you want I can show
you a copy of leasing contract that mentions that I would pay 5% of the yearly lease to them. Besides that I did get the carpet cleaned for $100 and had my gardner clean yard area and cut bushes for another $80 bucks. Since I want to resolve this in friendly
manner, I have decided not to charge you for furniture removal. I will refund another $270 of the security deposit. Thanks Manan PS: I can provide you log of emails regarding how many times I had shown the houses to people besides 2 open houses. Civil Code
§ 1950.5.(a) This section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant. (b) As used in this section, "security" means any payment, fee, deposit, or charge, including, but not limited to, any
payment, fee, deposit, or charge, except as provided in Section 1950.6, that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent,
used or to be used for any purpose, including, but not limited to, any of the following: (1) The compensation of a landlord for a tenant's default in the payment of rent. (2) The repair of damages to the premises, exclusive of ordinary wear and tear, caused
by the tenant or by a guest or licensee of the tenant. (3) The cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy. The amendments to this paragraph
enacted by the act adding this sentence shall apply only to tenancies for which the tenant's right to occupy begins after January 1, 2003.
Lawyer: Loren, Lawyer replied 3 years ago
What additional information do you need?
You can dispute in writing what the landlord has deducted and sue in small claims court.
They can not charge for cleaning except to bring the premises to the condition of cleanliness it was when you took possession.
Best regards.
Loren
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Lawyer: Loren, Lawyer replied 3 years ago
Did you have further questions? Have I answered your question?
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