tenant moved out before end of lease : ezLandlordForms

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tenant moved out before end of lease

Regina L

started a topic about 8 years ago

My tenant's lease expires December 31. I informed in October 1st that we would not be renewing his lease due to selling the house. He did not come to pay rent until October 10, at which time I served him his letter of Non Renewal. He came by without rent. He informed us he found a house and asked to be let out of his lease early. He then told us he would be out of the house at the end of the month, 3 week notice. My question is this. Can his deposit be used for unpaid rent?

2 Comments

Bea S

said about 8 years ago

The security Deposit is only used for wear and tear. I would definitely contact an attorney. The tenant is responsible for rent until the end of the lease term.

Stan M

said over 7 years ago

Technically you were not required to inform tenant or give a notice that you were not going to renew the lease. The lease end date was his notification. If tenant planed on moving out before 12/31 and you agreed to it, he's still required to give you a 30 days'notice. Yes, in CA you can deduct from security deposit unpaid rent to 12/31. You also have the option of going to Small Claims.