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