Landlord Question and Answer Forum

I had my rental advertised in the paper about 3 weeks ago. A great gal came and looked at it and even had a present credit check ready for me and the fica score is the best. She signed all the rentals papers and paid all the securities and rental fee on May 26 and her rent was to start on June 1. I was going to let her move in tomorrow because of her job. I got a text from her about an hour ago stating that her father had a stroke and she is going to be out of town for a leave of absence from her work to take care of him. So she couldn't rent from me now. What is my legal action to take? I've had it off the market now for 3 weeks and paid everyone to have things completed asap for her to move in a few days early. By law, I'm in California, Do I keep any money. If so how much? Do I return all of it?

You may need to evict or come to an agreement. You can certainly hold the security deposit to ,make up for lost rent and time. This is a business after all, time is money and the longer it goes unfilled the more money you loose. You do not necessarily need to take legal action.

Posted by Richard W, PA on Sunday, May 31, 2015

So sorry to hear that. I suggest that you serve her the specific Notice first. And then you should take rapid legal action.

Posted by Youliang H, CA on Monday, June 1, 2015

Keep her first month's rent + security deposit. Inform her that you will release the agreement if she is amenable to both of these items. That gives you 60 days to re-list and find a renter. If you're quick, you can rent by July 1st. Not worth litigating.

Posted by Brian H, CA on Tuesday, June 2, 2015