Q: I am a landlord in Sunnyvale, California. My new tenant is terminating the lease 1-day after she took over the key.
Tenant has signed the lease, paid this month's rent and security deposit.
1 day after she took over the key, she sent me a long list of items to fix. I have agreed to fix the high priority ones within the week, and now she said the house has safety issue, and she needs to terminate the lease. Here is her list:
1. The stove top.
2. Leak under the sink.
3. Smoke Alarms / carbon monoxide alarm - Plug in carbon monoxide alarms are not up to code.
4. Full light bulbs in all light fixtures
5. Securing all shelves.
6. Fix the toilet
7. Grout in the kitchen especially behind the sink
Fix/replace missing and broken / ripped screens
9. Working locks on all windows
10. Safely secure heater to wall on both sides
11. Sink cabinet door needs to shut completely
...
Not all the items are true.
We have an early termination agreement. Do I have the rights to hold on her security deposit until I find the next tenant? Thanks
A: I'm not convinced these issues amount to a breach of contract by you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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