Tenant possibly lying to get out early??

Question

We have a tenant who gave us 30 day notice August 15. He 'conned' my mother into saying it was okay to move out on the 5th of this month, saying he could sign another lease early, my mom was confused about the move out date.
This tenant is a habitual liar and probably didn't even sign a lease. I am very angry but am not sure how far I should go in fighting this guy? What do you guys think?

Marc Freislinger · Answer

He can move out whenever he likes, just let him know that it does not effect the amount of rent that he owes. He has to pay rent for the entire period of his 30 day notice.

Joel Owens · Answer

Does your lease state any back rent owed cannot be used as a credit off of the security deposit??

Sometimes they do this if you don't have it in the lease.They know the condition it's in when they leave they will not get security deposit back.So when they leave they just say keep the deposit as final payment.When it's left bad you want security deposit for damages and rent.

Hopefully your lease specifically forbids this.

Brian Levredge · Answer

It doesn't really matter what your mother may have told him. If you have a good lease, that is going to be the governing document that the judge is going to go by. Since the 5th is also the date that rent is considered late in CA, you may to inform him that you will also serve the 3 Day and send the file to the attorney for judgment. That doesn't guarantee he'll pay but it communicates your intentions very clearly.

Also make sure to get the last month's rent (or partial) in the form of a cashier check or money order.

Marc Freislinger · Answer

What is your objection with him moving out early? He has to pay the full amount regardless, unless your mother told him that he didn't. If that's the case, I'd point to the part in the lease where it says all agreements must be in writing, and let your mother know that you will handle tenant issues in the future.

Mark Hu · Answer

We have a full month's security deposit.
My mother mistakenly told him it was okay to move out early (he has tricked her before) and tried to retract later that day. But he claims he signed another lease in that brief period.
I told him I would hold him to 30 days, and to show me the lease he supposedly signed.

Teresa F. · Answer

Since "moving season" is generally summer, this gives you an opportunity to have your place ready to show earlier. Let him know that you are happy to do him this favor and coordinate the move out inspection.

Since I think his early move out will work to your advantage, I wouldn't spend any time fighting.

Bryan Hancock · Answer

Do you have a security deposit?

Joshua D. · Answer

As Marc said, if he gave notice and then moved out before the 30 days is up, he still owes rent for that period. Of course, the question is now - will he pay? And if he doesn't, are you prepared to fight him for it?

Ahh . . . the joys of landlording!

Tenant possibly lying to get out early??

Tenant possibly lying to get out early??

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