Rental Basics in Livermore>Question Details

Jino, Home Buyer in Dublin, CA

Renter breaks the lease early and moves out.,What options does the landlord have to recoup the remaining rent from renter?can keep the deposit too?

Asked by Jino, Dublin, CA Tue May 22, 2012

Help the community by answering this question:


I suggest you check with a Real Estate Attorney that specializes in rental/lease law. It’s very important you consult the professionals in the business.

I hope this helps,


Rocky G.H. Hawrysz
Prudential California Realty
(209) 444-6610 Direct
(209) 433-2000 Fax
License No. 01468373
0 votes Thank Flag Link Tue May 22, 2012
If your tenant moved out without paying the balance of their rent, you can keep the security deposit and sue for the balance of the money owed under the lease in small claims court. But it's often difficult to collect the balance and you might discover the expense and time of suing isn't worth your trouble.

To legally keep the security deposit, you have 21 days from the day they left the property to send them a letter stating you're keeping their security deposit in lieu of rent. If you're planning on suing for the balance of rent, use language in the letter that doesn't imply that the security deposit leaves the former tenant 'paid in full'. Make sure you use language that states "$xxxx.xx rent due for balance of lease less $xxx.xx security deposit. You have xx days to make payment in full or you could face litigation."

See link below for more information.
0 votes Thank Flag Link Tue May 22, 2012
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