Tennant Backs Out After Signing 6mo Lease (tenant, deposit, house)

[laurenashley]

Hi I am in CA and am very new at the landlord thing. My tenant signed a lease for 6mos. and was given the keys. She also had started painting in one room, but never moved any of her stuff in. My husband wanting to make it "nice" for her (BIG MISTAKE) and decided to change out the guest bathroom sink at which point he discovered dry rot on the sub floor and then gutted the bath. At this point she said she was going out of town for a week but didn't feel she should have to pay for that week because the bathroom wasn't finished. We agreed and prorated it. When she came home, she had changed her mind and now wants out of the lease and her $1000.00 deposit returned. Does anyone know what my legal responsibility and rights are? We are only renting this place until the market turns around. It belonged to my deceased mother. Thanks

[ferretkona]

Let her leave without the deposit. She signed for 6 months, it will hold up in court. There's no regret period in CA.

[phonelady61]

yeah you can legally keep her deposit she broke the lease not you . although she can take you to court and say the reason she broke it was the house was not livable ie: the bathroom being not finished and if she does that she will get the deposit back cause more than likely the judge will side with her because the bathroom was not finished and therefore she does or did have cause to break the lease . I would just give her the deposit back and avoid all that nasty mess . Good luck . This happened to my brother when he was a landlord .

[VegasGrace]

I see both sides, however, I think you should give the deposit back because gutting the bathroom is a major deal- doesn't matter if she was home or not.

Just let this one go as a good experience.

[Babytarheelz]

I disagree, I think the bathroom issue is one that could have come up during any time during the lease and as long as you were taking appropriate steps to remedy the situation and compensate her accordingly, it doesn't affect her living experience or her ability to finish out the rest of the lease. According to most state laws, she's responsible for rent until you find a new tenant, so hang onto her deposit until then and pro-rate or charge accordingly. I don't think her argument would hold up in court. She didn't notice the issue either when she did a move in inspection.

[bentlebee]

I would keep the deposit and until you have found another tenant she is responsible for the rent....as long as you have taken action as soon as you noticed soemthing was wrong in the bathroom and fixed the issue she has no grounds whatsoever.

[tilli]

Was the bathroom finished when she returned from out of town? If not, what was the ETA on completion? Was it the only bathroom? If it was her only bathroom and the bathroom was unusable due to renovation, then it certainly did effect her living experience.

If I was the landlord I would let her out and return the deposit minus a redecorating fee to paint that room back to whatever color it is supposed to be. You may be able to get her on the hook for more than that, but I suspect it would be more trouble than it is worth.

[maggiekate]

Tell her, you will keep say 100-150 because now you need to find a new tennant, and that will be
your upfront cost. She should be happy with that, then you can find another person. Also you may need to buy paint ect.

[bentlebee]

IMO you don't have to return any of the deposit as I have posted earlier and she has to pay up till the time you have some one else moving in...isn't that what a contract is for!

[Babytarheelz]

Yep, I agree with Bentlebee...I wouldn't back down. She inconvenienced you WAY more by defaulting on your agreement. You're out way more than a measly $150 dollars or so. The law is on your side on this one, you didn't do anything wrong!