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Hollie, Home Buyer in Tracy, CA

Legal Reason to End the Lease

Asked by Hollie, Tracy, CA Mon Mar 22, 2010

Is medical issue a legal reason to end the lease?
My tenant signed 3 years lease with us. But she showed us her doctor's letter saying she should move to an single story house due to her back problem. But there is one bedroom and one full bathroom downstairs. She only lived there for 10 months and moved out last month. Can we keep her deposit if the new tenant move in next month?

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6
I think you have to consult with the landlord/tenant laws in your state but since I am a landlord also, I would be hard pressed to return the deposit (me personally, my homes) but you have to do what you think is right and best but as agents we must all follow the law to the letter so the same should apply for landlords and renters.
0 votes Thank Flag Link Wed Mar 24, 2010
Thank you all.

We tried our best but still could not find a new tenant. We will have lost rent more than one month .
It costs $200 to do carpet and house cleaning. It costs $250 to change a new range hood and two window blinds.
The insurance agent told me that it is not a legal reason. If the tenant sue us, will it be covered by liability insurance?
0 votes Thank Flag Link Wed Mar 24, 2010
Hollie,
Why would you bother, the other Realtors gave you sound adivice, consult a Real Estate Attorney. Andrea has spelled it out for you quite well, if it were me I'd return the deposit , you have a new tenant why bother with it, move on.
Regards,
Allyson
Dre#01397256
0 votes Thank Flag Link Tue Mar 23, 2010
Doesn't sound like a legal reason to me but I can't give you legal advice as a real estate professional. I would talk with a real estate attorney. I suggest Shannon Jones 925.837.2317
0 votes Thank Flag Link Mon Mar 22, 2010
http://www.dca.ca.gov/publications/landlordbook/index.shtml Check out the tenant rights in California. And if you don't find your answer, contact a real estate attorney.

The reality of the situation is if a tenant doesn't want to live there, you probably don't want them to stay as tenants. They will end up being resentful and probably be very difficult.

As a landlord myself, I would try to work with them so you can find another tenant. Since this is not your case you will need to see if you have any recourse.
Web Reference: http://www.terrivellios.com
0 votes Thank Flag Link Mon Mar 22, 2010
For any legal advice--you may wish to consult with an attorney who specializes in real estate--most professionals do offer a free consultation.
0 votes Thank Flag Link Mon Mar 22, 2010
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