breach of contract : ezLandlordForms

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Howard P

started a topic over 9 years ago

I had my rental advertised in the paper about 3 weeks ago. A great gal came and looked at it and even had a present credit check ready for me and the fica score is the best. She signed all the rentals papers and paid all the securities and rental fee on May 26 and her rent was to start on June 1. I was going to let her move in tomorrow because of her job. I got a text from her about an hour ago stating that her father had a stroke and she is going to be out of town for a leave of absence from her work to take care of him. So she couldn't rent from me now. What is my legal action to take? I've had it off the market now for 3 weeks and paid everyone to have things completed asap for her to move in a few days early. By law, I'm in California, Do I keep any money. If so how much? Do I return all of it?

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Richard W

said over 9 years ago

You may need to evict or come to an agreement. You can certainly hold the security deposit to ,make up for lost rent and time. This is a business after all, time is money and the longer it goes unfilled the more money you loose. You do not necessarily need to take legal action.

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Youliang H

said over 9 years ago

So sorry to hear that. I suggest that you serve her the specific Notice first. And then you should take rapid legal action.

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Brian H

said over 9 years ago

Keep her first month's rent + security deposit. Inform her that you will release the agreement if she is amenable to both of these items. That gives you 60 days to re-list and find a renter. If you're quick, you can rent by July 1st. Not worth litigating.

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Adrien L

said about 7 years ago

Security Deposit is for damages only. So you would take what it costs to fix the damages. Now to the violation to the lease you will want to send a violation notice and allow them to fix it, if they do not fix it, then they will/can be evicted.

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Andrew M

said about 7 years ago

Tenant abanded property without notice. Received Court order to pay back taxes or property will be sold.

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Scott H

said almost 7 years ago

Were the tenants paying the taxes? That a 9.99 out of 10 on the bad idea scale. Or was the notice to the owner and the tenants received it so the moved out because they thought it was going to be sold .