QUESTION
Lease signed but security deposit never given, then lease broken. What am I entitled to, and is it worth suing?
Asked on Jan 14th, 2016 on Landlord and Tenant Law - California
More details to this question:
A prospective tenant signed a rental agreement and supposedly sent a security deposit electronically for a move date in 2 weeks. However, when I checked the next week, the money did not arrive in my bank account. When I texted them about it a week later, they said they had a turn for the worse and would not be in California anymore. When I emailed asking for the full deposit amount (to break the lease), they emailed saying they moved back home to have surgery and chemo and couldn't afford to pay it. I am VERY skeptical about this - I think she actually found another apartment. While I've tried to find another tenant, it has been unoccupied for almost a month. This person was here as a traveling consultant and has never been a legal resident of California. Through the credit check, I know where they live on the east coast. How much am I entitled to? Can I sue in small claims if they don't live here? Is it worth a civil suit?
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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If the tenant did not take possession of the premises (took the keys to the premises), then you are not entitled to any rent under the rental agreement. You may charge an application fee or credit check fee, but that's about $35. You may be able to sue for consequential damages for your breach of contract, because you held the premises available for the prospective tenant. However, you can only charge until you rent out the premises, or should have rented out the premises. You can sue in small claims court in the county where the premises are located. Here is a link that may help you: http://www.courts.ca.gov/selfhelp-smallclaims.htm
Answered on Jan 15th, 2016 at 9:19 AM