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Breaking Lease - Security Deposit Accounting - Landlord Forum thread 342730

Breaking Lease - Security Deposit Accounting by Brian (California) on February 3, 2016 @15:07

                              
I have a tenant breaking the lease 5 months early.
The tenant has left the place quite dirty (CPS would probably have a problem with children living there).
The tenant is out, and I have possession of the property.

Civil Code Section 1950.5(g)(1) Says I have 21 days to account for the security deposit.
Civil Code Section 1950.5(g)(3) Says there are exceptions.

There is a sentence in 1950.5(g)(1) that states: "or not earlier than 60 calendar days prior to the expiration of a fixed-term lease"

Questions:
1. The lease is to end at the end of June. When do I have to provide the accounting? Feb. 21 (21 days after turning over the property), or end of April (60 days prior to end of lease)?

2. I've found a new tenant, but have given myself 30 days to get the property cleaned up. (carpet, paint, cleaning, appliances, etc.) Some of the work is necessary (due to neglect / damage), other has to be done under normal wear and tear, others are upgrades that I was planning to do after she left, and this provided the opportunity.
Can I charge her full rent for February under Civil Code 1951.2 (a)(2)?
Can I charge her for the time I spent showing the property in January to prospective tenants under Civil Code 1951.2 (a)(4)? I showed it to approximately 25 people and received 4 applications.

Brian
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Re: Breaking Lease - Security Deposit Accounting by Garry (Iowa) on February 3, 2016 @15:52 [ Reply ]
Yes, you can charge her Feb. rent. But no rent after that. No, you cannot charge her for your TIME to show the property, but you can charge her for the advertising costs. And you need to get her Sec. dep. letter out within the 21 days from when you first took possession, even if you are not done cleaning and repairing things, and don't have a final total amount of costs yet. You can estimate it.
Re: Breaking Lease - Security Deposit Accounting by Joel on February 4, 2016 @17:57 [ Reply ]
Be sure to have your LPA Security Settlement Statement filled out and ready to send certified before your state's return date.

Security Deposit Return Time Chart State by State
https://www.thelpa.com/free/security_return_by_state.pdf

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