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.

Related Topics:
1 Lawyer Answer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.