Legal Question in Landlord & Tenant Law in California

Tenant broke lease

I own a condo which I leased out with an option to buy and the tenant moved out after three months. He paid an option fee (non-refundable per written agreement), and a security deposit (equal to 2 months rent). In addition, at the time of move-in he paid the ''last months'' rent. He paid on time the rent for the 3 months he occupied the condo. Can I keep all the security deposit as well as the ''last months'' rent since he still had 9 months left? Or what recourse do I have?


Asked on 8/02/05, 6:04 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Tenant broke lease

If you signed a 6 or 12 month lease (or for any term over three months), your tenant is liable for the balance of the lease term. You must make diligent and reasonable steps to re-lease the property, though. If such a written agreement exists, you have grounds to withhold his deposits as damages, unless the lease provides otherwise. Good Luck.

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Answered on 8/02/05, 7:08 pm


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