Tenant Breaks Lease Before Move-In : ezLandlordForms

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Tenant Breaks Lease Before Move-In

Christine H

started a topic over 15 years ago

I am in California and about to lease my home. I have an applicant who cannot move in for 3 weeks. They have just sold their home, but all of the contingencies will not be lifted for 19 days. While they are not concerned about their buyer qualifying for a loan and getting a good appraisal on their home, I am concerned, given the current lending environment, that they could decide not to proceed with leasing my home days before the scheduled move-in. If I have a signed lease and a deposit, if they default on my lease, can I deduct lost rent from the date they were supposed to occupy the home until I get new tenants moved in?

2 Comments

Donna

said over 15 years ago

Yes you can.

Stan M

said over 15 years ago

Loss rent is not tax deductable. What I would do is require them to pay 2 months security deposit upon signing. If they don't pay rent on the due date, give them a 3-day Notice to pay or quit. If they don't pay within 3 days, start the eviction process.