Tenant breaking the lease …

[Farzan Setayesh]

I live in Southern Ca. I signed a lease for 4 months (furnished) and they just moved it. Their tenants are getting divorced and want to break the lease, they have asked me if I could be flexible and if they can leave earlier. Let’s say they break it…. What remedies do I have? Will it affects their credit if they don’t pay me? I live on the casita unit. I have 1 month security deposit.

[Konstantin Ginzburg]

@Farzan Setayesh

You do technically have the ability to take them to small claims court if you wish. If you get a judgement against them in court and want to file a claim then it will affect their credit. However, this will all cost you time and money. It may be a better use of your time to begin advertising this unit so that you can get a new tenant moved in as quickly as possible following your current tenants move out. For compensation, you could keep their security deposit as you are within your rights to do so based on the lease you signed. I am also not familiar with California rental laws so be sure to check with someone more familiar with local laws to ensure you remain compliant with those laws.