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Updated almost 8 years ago,

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1
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0
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Steve Gardner
  • Las Vegas, NV
0
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1
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California residential lease cancellation

Steve Gardner
  • Las Vegas, NV
Posted

Good afternoon!

I have a rental home with a resident that has previously signed an annual one year residential lease agreement extension based on the original lease(2006). 

This year on January 1 (2017), I sent certified (received by tenant January 4, 2017), a brand new residential lease agreement with a rental price and security deposit increase. Per previous dealings, I signed the lease agreement. My intent was to sell the home if the tenants decided not to pay the increased rent. 

The tenant received the lease agreement, but did not sign and return it. 

On January 24, after hearing nothing back by telephone, text, or written correspondence, I decided to sell the home and move on with life. I sent a certified letter (received by tenant January 27, 2017) stating the following:

This letter is notice to you that the current Lease/Rental Agreement for the above described premises will expire at 12:00 am March x, xx17 and that this lease will not be renewed. No option for month-to-month tenancy is offered at this time.

You are required by law to surrender the premises to Steve Gardner or his designated delegate upon lease expiration. Please return the premises to the same condition as you found it upon move-in, normal wear and tear excepted. You are required to return all keys when vacating the premises.

Our records show that you have a security deposit in the amount of $xxxx.00. Any refunds due to you after deducting for repairs and unpaid rent will be sent to your new address within 21 days after you turn over the property to us as required by law. If you do not provide a new address, any refund will be mailed to your last known address.

Failure to surrender the premises on the date required by law will result in forfeiture of your deposits, proceedings for immediate eviction and could harm your credit rating.

On January 30, 2017, the tenant deposited $xxx.00 (+February 2017 rent) in excess of the normal rents in my bank account and state they sent the lease agreement back via certified mail. It has yet to arrive. 

My questions, if I may:

Does my January 24th notice serve to cancel the lease agreement (which was not signed until after the notice was received)?

Am I stuck? I really just want to move on and sell the home and never be a landlord again. 

If I messed up (probably by pre-signing the lease agreement), are there other areas I messed up as well?

Anything else come to mind?

I appreciate your candid and honest appraisal of my situation.