Legal Question in Landlord & Tenant Law in California

I have a tenant who wants to break her lease. Can i negotiate to keep a portion of her deposit as part of an early termination fee (which was not outlined in the lease agreement)? In addition, ask for a 30 or 60 day notice?


Asked on 11/20/11, 11:38 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You can not add things not stated in the lease. Normally tenant must give 30 day notice on month to month tenancy, but if breaching the lease she is not acting legally anyway. You can ask for as much notice as you want and for whatever terms the two of you can agree to. The law provides that she is liable for the normal rent until the end of the lease but you must seek to mitigate damages by reasonable efforts to rent the unit as soon as possible; most courts give you about one month to do so. You keep her entire deposit until you do rent the place out, as you do not know how long that will take and if you under estimate the time needed you end up losing more money. Once she has given up possession, which normally requires her to return the keys, you must within 21 days send her a detailed letter as to what portion of the deposit you are not returning and why. You can be very sure that the deposit will not cover all of your damages. You also need to read up on how to be a landlord, as if you make mistakes it can be very costly. Nolo Press has some good books on the subject and can be found at most libraries, but you may want to have your own permanent copy [it will have a disc with common forms you might need].

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Answered on 11/20/11, 12:45 pm


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