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Updated 23 days ago, 11/01/2024

User Stats

11
Posts
3
Votes
Sonia Arreguin
  • New to Real Estate
  • Santa Ana, CA
3
Votes |
11
Posts

Tenant wants early termination of lease in California

Sonia Arreguin
  • New to Real Estate
  • Santa Ana, CA
Posted

My long-term tenant wants out of his lease due to his adult son passing away. The son lived with him, was a co-tenant on the lease, and was the main person making the rent payments. Before passing, the son scheduled the next month's payment but it hasn't deposited yet (it should in a couple of days). The tenant claims he's under financial stress due to being out of work after an injury and is struggling to get the funds together for the funeral services. He asked to be released from the lease in 30 days (at the end of the month). 

I, of course, feel terrible about the situation and would love to help if possible. The lease stipulates a $3,000 early termination fee which I am considering waiving in order to help him out. However, I cannot find any record of the death online (obituaries, coroner's list, etc.). Is it okay for me to ask for proof of death? I don't want to be insensitive. 

Also, is he entitled to the security deposit (minus any repair expenses)? Or does he surrender that because of the early termination?

Thank you!

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