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Our tenants informed us they are vacating our property 6…

Customer Question
Second opinion] Our tenants...

Second opinion] Our tenants informed us they are vacating our property 6 months prior to the end of their lease. We intended to sell the property when the lease ended, but now will list it for sale now. Are they still responsible for their rent during the term of their lease until this property sells ? We are in California.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is all

Submitted: 7 months ago.Category: Legal
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Answered in 1 hour by:
11/16/2017
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,248
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

IF they have a lease for 12 months, then they are liable for your losses for their breach of contract. Even if you are now going to sell the property, they would be liable for the rent payments for the remaining time on the lease and as such you can sue in small claims for the rent they owe until the end of the contract term for their breach of contract and you can keep their security deposit towards that rent due (assuming no other damage for it to be applied to) and give them written notice you are keeping it and applying it toward rent loss resulting from their breach of lease.

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