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Old 07-12-2009, 08:47 AM
 
1 posts, read 3,038 times
Reputation: 10

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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!
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Old 07-12-2009, 03:54 PM
 
619 posts, read 2,083,950 times
Reputation: 261
Quote:
Originally Posted by Cali-LL View Post
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!
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Old 07-12-2009, 07:35 PM
 
Location: Colbert, WA
108 posts, read 347,148 times
Reputation: 62
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.
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Old 07-12-2009, 08:59 PM
 
7,591 posts, read 5,626,432 times
Reputation: 17039
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.
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