Landlord Question and Answer Forum

My tenant informed me today, by phone, that she will be breaking her lease as of 6/1/12, her 1 yr lease is not up until 11/30/12. Do I have any recourse?

To end a tenancy your tenant must give you proper written notice before they move. Your tenant must give you the same amount of notice as there are days between rent payments.193 This means that if he/she pays rent monthly, he/she must give you written notice at least 30 days before he/she moves. If tenant pays rent every week, he/she must give you written notice at least seven days before he/she moves.

Posted by Luis M, NJ on Thursday, May 3, 2012

To end a tenancy your tenant must give you proper written notice before they move. Your tenant must give you the same amount of notice as there are days between rent payments.193 This means that if he/she pays rent monthly, he/she must give you written notice at least 30 days before he/she moves. If tenant pays rent every week, he/she must give you written notice at least seven days before he/she moves.

Posted by Luis M, NJ on Thursday, May 3, 2012

It sure would be nice if everyone did things by the book. The reality is that not everyone does or cares to. 1st, make sure you get her to give you something in writing as to her last day. Without her WRITTEN Notice, she’s could return anytime stating she went on vacation. Don’t argue with her and if possible take someone with you when you meet. You’re entitled to charging her rent and all expenses for finding a new tenant until new tenant moves in. This doesn’t mean you can sit back and do nothing until you’re ready. Deduct the amount from the sec.dpst. If sec.dpst doesn’t cover everything, bill her for the balance due. If she refuses to pay, go to Small Claims Court (up to $10,000.00). Be nice, you don’t want her to destroy the place before she leaves. Ask her questions as to why she decided to leave. This may be helpful if you decide to go to court to collect back rent and damages. One more important thing. CA has a somewhat new law that you have to MAIL her a written Notice that she’s entitled to a pre-inspection. This needs to be done 2 weeks before her last day. If you don’t, you could lose in court and Judge may fine you for not giving her Notice.-------- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with this EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Thursday, May 3, 2012