Landlord Question and Answer Forum

My tenants have terminated a 1 year lease agreement after 7 months. The wife moved out and the husband was not able to afford the full rent for January so he paid what he could. That said, I have found a new tenant who will move in on the 4th of February and he will be moving out the end of this month. The Husband agreed to forfeit the deposit, however I want to be sure the wife will not come back and try to sue for the balance. Can I deduct the balance owed for the month of january and all monies I will have to incur to rerent the property? Can I deduct the repainting, landscaping, carpet cleaning and re-keying the locks from the security deposit. I will have to repaint even though we just had it professionally painted in April because I noticed the walls were dirty and the ceiling in one of the rooms looks to have a small chipping that is falling. I am not sure if they hit the ceiling with something which caused this...

You're entitled to collect rent until you find a new tenant. In this case, 2/4. You are also entitled to cost for returning the rental to the condition that they received it in. Repainting complete unit, probably not. Probably 1/3 cost, depending on condition / repairs. Did she give you a written notice that she was vacating property? If not, you should contact her and get one asap, including her position on the security deposit. You should also get the same notice from husband. Don't forget to take pictures of unit.

Posted by Bob R, CA on Sunday, January 29, 2012