Tenant Breaking Lease

Question Details: My tenant told me via email she's breaking 1 year lease. She's moving out in 3 mo, unless I find someone b4 then. Said she will continue to pay $500/month until paid in full for the remainder of her lease. Now, more than 30days later, she sends 2nd email stating she no longer wants to move-out & can't afford it. I emailed that I've already posted ads & been showing the house, but to ease her mind I won't ask her to continue paying rent through end of lease, I will just keep her $1,000 deposit. Can I keep her deposit? She says I can't.

Asked 10/14/2009 under Real Estate | 281 View(s) | More Legal Topics

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Robert Spitz / Robert J. Spitz, Attorney at Law Answered 2 years ago | Contributor This attorney is licensed in California

You have a number of remedies.   However, this is quite complicated.   You cannot rent to another until she actually moves out.   She can hold you up.

Generally tenants are on the hook until the end of a lease term, but rent from a new tenant breaks it

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