Chicago, IL asked in Real Estate Law for California

Q: Hello. I am a landlord. A tenant broke a lease that had 11 months left. We agreed to they're paying four months.

They requested and itemization and that they would pay for costs of getting rental ready and if it rented sooner than the four months, if I would credit them the difference. They also requested to split pmts. 1st upon exit of property and 2nd by Aug 4, 2018. I did give them an itemization and she got irate!! It was less than total 2nd pmt due but more than she anticipated. Now date has come and gone and no pmt. Can I collect on itemization I sent her or can I collect for the entire amt of 2nd pmt? or has agmt become null and void and I can collect to max small claims? Your assistance is greatly appreciated.

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1 Lawyer Answer
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: Since your tenants broke the lease, I would give you the benefit of the doubt. If your "agreement" about splitting the damages was in writing, then you probably must abide by it. If it was only verbal, then I think it is fair for you to charge rent until the unit is re-rented (although you must actually try to rent the-e unit ASAP). Perhaps all of this can be avoided by a slight modification of the agreement, once the tenant calms down.

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