Tenant broke lease but I made mistakes. Please advise how to collect

[fromipoh]

We are in California. My tenant gave me less than 2 weeks notice. She broke her lease with many months left on it. Without fully realizing what we were doing, we e-mailed her and told her the rent would be this much for the number of days she is staying left. But now, we realize, she is responsible for the lease until it expires. Can we do anything to collect this amount? We have never told her that all she owes is the few days and since then have told her she owes on the whole lease. Finding her is no problem nor is she financially unable to pay. Would the e-mail negate the lease? The tenant and I did not come to an agreement about the amount and there was one conversation where I informed her that I was not tearing up the lease and numerous e-mails that we sent to inform her that she was still responsible for the lease. She also did not give us a written notice to vacate, only a couple phone calls changing the dates twice and then finally one e-mail that let us know the final date.

I have marketed the house on craigslist, recycler, hotpads, rentspeed and we have a realtor as well.

Since she broke the lease and in the lease it says, "Also, in the event agreements made in this lease are broken by tenant, the security deposit will be forfeit at Owner's option.", are we able to keep the security deposit for the rents due? Thanks for all help.

 

[army judge]

The security deposit is governed by state law, not the lease.

You should follow California law on the return of security deposits. If you don't, she could sue you.

In the interim, you seem to doing all you can to mitigate your damages. For her, the meter is ticking.

 

[fromipoh]

Hi, Army Judge or anyone else,

California law specifically allows the landlord to use a tenant's security deposit for four purposes:

For unpaid rent;
For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;214
For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests; and
If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.

Does that mean I could apply it to the unpaid rent that she owes on the lease?

Does the e-mail I sent her about the prorated rent negate all her responsibilities with regard to the lease?

Thank you.

 

[fredrikklaw]

You should not be worried; she should be!

FROMIPAH:

Don't waste your time fretting over the ex-tenant's deposit as it was forfeited by her when she upped and left without either giving proper notice or having the decency to wait for another tenant to enter in order to mitigate your losses, and of course, she breached the lease in every possible sense.

You are obviously unable to get a money judgment pursuant to an unlawful detainer action since she has already left the property. But a lease is still very much a contract and a written one at that, which means you are afforded a four-year(4) window (statute of limitation) by the state of California in which to commence legal action against her for breach of a written contract.

And no; your e-mail to her cannot be construed as you having pardoned the lease and in the absence of a mutual and proper recession of the lease, she is still liable for the remaining period of the lease or until the day the property is rented out again.

Send her a letter which would lay out the details of her debt and which will also carry the notice of your intention to sue if the debt remains unpaid. And if it does remain unpaid, which is what it will be, then just go ahead and sue her without further hesitation. Obtain a judgment from the court and then take it downstairs to the sheriff's office and demand that the judgment be executed against the judgment debtor.

fredrikklaw