I gave my landlady a $3k deposit upon moving in and if I needed to break my lease, I advised her she could keep the deposit. Her response was I would have to pay for finding a new tenant and lost rent. Is that possible? What is the purpose of a deposit?Under CA Law - can you break a rental lease without paying additional fees?
I am assuming you mean ';security deposit'; well, the purpous of a deposit is normally for cleaning charges when you move out. ie: you put 3K down, it cost 1K for all the damages you did, you should get 2K back. It is legal though for her to charge you a fee for posting an add to find a new tennant and the time frame it takes her to find a tennant. Basically, lets say you have 6 months of your lease left.... if it takes her 2 months to find a new tenant she can charge you for whatever your cleaning costs was, those 2 months worth of rent AND advertising fees to find that new tenant. But the kicker is, she has to give all of this to you in writing and she has to make a concerted effort to find a new tennant, she cant be playing around. A way to get more of your 3K back is to find the tennant yourself before you move out than she cant charge you all those extra feesUnder CA Law - can you break a rental lease without paying additional fees?
The only ways you can legally break a lease.
1.)The landlord refuses to fix problems they know exist.
2.)The landlord tells you before moving in that there are no pests(roaches,mice,rats,etc)and they are present.
3.)You find someone to take over the apartment for you(subleasing)but the landlord can refuse to allow anyone due to credit background checks.
Look at your copy of the lease and take it to a lawyer to see other possible options.But know that most leases are for one year,after the year is up the lease then goes into what is called a month to month agreement unless a new lease is signed every year.If you leave before the year without finding someone the landlord agrees on you could have to pay for renting a place that you no longer live in.
Regardless of what you told her, the landlord cannot just keep the deposit. The landlord must follow CA Landlord Tenant laws regarding deductions.
The landlord must attempt to mitigate her damages by attempting to find a replacement tenant.
Since you are breaching your legally binding lease agreement, the landlord can charge you for any costs the are incurred due to your breach, such as advertising costs, agent fees, etc.
The landlord can hold you liable for the rent until a replacement tenant is found.
All of the above mentioned costs, as well as any damages to the premises, can be deducted from your deposit.
However, if the costs are greater then your deposit, the landlord can bill you for the difference and of you do not pay, sue you in Small Claims court.
If the Deposit was a cleaning Deposit, she can only keep it for cleaning and repairs, if it is a security deposit she can keep it for both of the previous and any rents due. Yes you are also liable for any days left on your lease that the unit goes unrented/leased, to the end of the lease. If she finds a tenant, she cannot collect rent fnom you from the day the new temant takes possesion. It is unlawful for a landlord to collect double rent for the same time frame.
I believe the deposit is held for use against any needed repairs beyond what is regular wear-and-tear, and for any back rent owed. You need to figure out how many months are left on your lease, and also any incurred damages, if any. The landlord can only charge you until they re-rent your unit. If they rent it in a month,,, good...in 6 months, say, not so good. Take pics of your place to disprove any claims of damage. Re-read your lease agreement.
A deposit is if you destroy something and they have to replace it. Then you have the first and last months rent. If you are under a years contract you may end up paying out what ever months are left once you leave unless you find someone to fullfill the requirement.
purpose of the deposit is for cleaning and damages...she can't order you to find a new tenant or pay for lost rent. (unless the lease you signed SAYS so in the fine print...)
see your city attorney for help...
deposit is in case u damage anything i think
don't do it she can send the law after you
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