Need CA Tenant Help ~ Break Lease

[Alan Grobmeier]

Greetings.

I own a property in the San Diego area.  I rented it to a tenant a year ago on a 2 yr lease.  The existing lease has either 11 or 12 months left.

All was well until about 2 months ago when this women’s dogs allegedly bit a jogger.  Since that time, the police & animal control have been called on numerous occasions for ‘vicious dogs’ on the loose.  Some of these calls were truly not warranted as the dogs were not even present on the property.

The application, next door.com, has raised the amount of noise to just under lynchmob mentality.  The tenant alleges that her car was egged due to the next door posts.  She states that she does not feel safe.

As a result, the tenant wants me to either build another fence OR let her out of the remainder of the lease.  I do not want to build another fence specifically for her dogs.  In addition, I am doubtful it will keep the peace in the neighborhood.

So, I offered her a break lease option where I would keep her deposit as a break lease fee.  She responded that if she moved & I kept the security deposit, that she would sue me.

The rent is $3100 a month, the deposit is $2500.  I will be vacant for at least a month no matter what happens.  There is no break lease clause, so she is on the hook until the end of the lease.  At least that’s how I see it.

In addition, I charged a $500 non-refundable pet deposit.  She, somehow, thinks she is entitled to getting that ‘refunded’ as well.

We don’t have a firm move out date.  I asked for Sept 26, stating I would refund her 4 days worth of rent.

To the CA peeps:  thoughts? 

I don’t want to go to court, as a plaintiff or defendant.

Thx,

AG

[Kyle J.]

@Alan Grobmeier  A few thoughts from another long time California landlord.  Don't negotiate with her or threaten to keep her deposit.  Just remind her that she has a lease and then, if she breaks it, keep it simple/legal and follow the law. 

You can't stop her from breaking her lease, but if she does break it, the law gives you certain remedies.  For example, if it does end up taking you a month to re-rent it, in California you will be able to deduct any unpaid rent from her security deposit.  If that ends up eating up her entire security deposit, so be it.  You don't need to threaten her with that.  The law allows it. 

You have an obligation to mitigate your damages by attempting to re-rent it, but you don't have to accept the first applicant that comes along.  You just have to make a reasonable effort and you can apply your normal screening standards.  She's on the hook until you get someone to start paying. 

I also 100% agree with @Dan H. that there is no such thing in California as a "non-refundable deposit", so if that's what you called the "pet deposit" that's likely to be an issue to.  In the future, call it a fee if your intent is to make it non-refundable.  Even if your intent was to make it refundable, you're better off taking an additional/higher security deposit for a pet and not calling specifically a "pet deposit" because in California at least, once you call it a "pet deposit" it can only be used for pet-related damage/expenses.  So, this pet deposit you collected can't technically even be used for unpaid rent since you called it a "pet deposit" unfortunately.  Just something to know for the future.

Lastly, I would suggest not ever locking yourself into a lease longer than a year, and definitely not giving the tenant a discount for signing a longer lease (like a 2 year lease in this case).  It doesn't guarantee the tenant will stay longer.  The only thing it guarantees is that you'll collect less money each month.  As you found out, tenants leave whenever they want and there's not much you can do (at least in California and most other states where landlords have an obligation to mitigate damages and re-rent the property).  I recommend just charging market rent and doing no longer than a one year lease.

Anyway, good luck and hope this situation works out for you.