Renter Broke Lease before moving in (tenant, landlord, deposit)

[Cali-LL]

I need to know CA law. I am a landlord (not very experienced with the laws).

Lease signed on: 6/9
Lease effective date: 7/1
Found new tenant: 7/8

I just signed a lease with someone, and they called me to cancel one day before moving in. I told them that they still have to pay the first month until I found someone.

I had a Deposit from them also, but along with that deposit, I signed a peice if paper stating that she would not get that deposit back if she changed her mind.

Now I have found someone. I think I should be paid a daily rate for every day that the place was kept empty even during the month of June since I lost the opportunity to rent it out.

What are the laws on this? Help!

[flo2900]

Originally Posted by Cali-LL

I need to know CA law. I am a landlord (not very experienced with the laws).

Lease signed on: 6/9
Lease effective date: 7/1
Found new tenant: 7/8

I just signed a lease with someone, and they called me to cancel one day before moving in. I told them that they still have to pay the first month until I found someone.

I had a Deposit from them also, but along with that deposit, I signed a peice if paper stating that she would not get that deposit back if she changed her mind.

Now I have found someone. I think I should be paid a daily rate for every day that the place was kept empty even during the month of June since I lost the opportunity to rent it out.

What are the laws on this? Help!

Prorate from 7/1 to 7/8 and give them back difference. If they take you to court for this they WILL lose!

[TSO2.0]

Yeah, I'm pretty sure they're responsible to pay for the time...even if it took you 3 months to rent it, they'd owe you 3 months rent.

[KaraG]

Do a search for California Landlord Tenant laws - the state has a very nice thorough booklet online that covers every about every situation.

My personal opinion is that you can only keep the daily rate from 7/1 the effective date until 7/7. You can't double dip collecting rent and you can't keep rent for the period before the lease was effective.