Landlord Question and Answer Forum

This is in California. My tenant informed me on the moving in date that their current landlord offered them to stay another six month so they will not to rent this place and ask deposit back. What I should do?

So in this case if the lease is signed, I believe you would treat it the same as if they were moved in and are breaking the lease. I would ask the tenant to provide you a 30 day written notice to have in your files. Usually in a lease break, the tenant would be responsible for the rent for the term of the lease or until the landlord finds a new tenant (which ever comes first). It is really important though, that the landlord continues the search for new tenants. Some landlords will just give them a fee to pay and move on. Depends on the notice given for me. Luck to ya!

Posted by Leonard D, PA on Monday, June 20, 2016

So in the end you are not required to return the security deposit to the tenant immediately correct? You keep the money for now and search for new tenant. Once a new tenant is found, lets say they move in at end of the first month of the original tenants first month then you just owe the original tenant their security deposit back and you keep their first and only month's rent correct?

Posted by Kyle M, AL on Friday, July 1, 2016