CA tenant breaking lease midterm

[terracotta]

My tenant gave me a 19 day notice and broke the lease after 3 months form a 1 year lease. They left on Dec 1 and I found another tenant at a reduced rent ($50 less per month) for 6 months. I have to provide them an accounting of security deposit. Can I withhold my damages. So for 6 months I will be getting $300 less and the last 3 months are still unknown. CA civil code 1950.5 is unclear and CA is pro-tenant. The problem is that if people break leases so easily without penalty and other follow by example. This person simply decided to move in with their boyfriend and broke the lease for no just cause. Security deposit was $500 and they will end up owing far more in damages.

 

[Gail_in_Georgia]

Your former tenant would owe for rent from the time they left until the new tenants began paying, for any advertising costs to rerent the unit and for any damages above normal wear and tear. Do no attempt to withhold any monies for the fact that you had to reduce the rent or you have no idea what will happen in six months time. If sued a judge will rule that it was your choice to accept a new tenant under these circumstances.

Gail

 

[mightymoose]

Yes, as Gail said, your damages from the broken lease or minimal. It sounds like you got someone in there right away.
All you need to do now is provide a detailed account of deductions from the security deposit for damages/repairs, but if you believe they owe you more for rent then you would have to settle that in court. For such a small amount it is not worth that effort, and you would have a hard time getting it anyway.
Your damages would have been more significant had you been unable to rent the place to someone else. As it is, it seems things turned out best for everyone.