Full question:
I had to break an apartment lease five months early because of financial hardship. I gave proper notice and followed the proper procedure. The complex kept my $1800 + security deposit to cover part of the remainder of the lease. Now, they want me to pay the remainder despite them renting out my former apartment. I was not in default on any payments. Can they do this to me?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
A landlord can apply a security deposit to cover damages from a tenant breaking a lease early. However, the landlord must try to minimize losses by re-renting the apartment. Any rent received from a new tenant for the remaining lease term should be deducted from the damages the landlord claims. If the new tenant pays less than your original rent, this could affect the landlord's claims.
The landlord can only charge for specific damages, such as repairs beyond normal wear and tear, and must provide an itemized statement of any deductions from your security deposit within twenty-one days of your move-out date.
In California, landlords must follow specific laws regarding security deposits (Cal. Civ. Code § 1950.5). If you believe the landlord is acting in bad faith by demanding additional rent after re-renting the apartment, you may have grounds to contest their claims.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.