[Landlord US-CA] Is this lease terminated early or not?

[Josh Smith]

I have a question. I am a landlord renting a 1B/1B in my SFH in California, which has a separate entrance.

Jan-2025: 15 month lease began

04/30: Tenant emails he has moved out and returned keys to mailbox. He mentioned that he will “follow up next week regarding the lease”.

05/05: Tenant’s attorney sends demand letter for 100% of previous rent paid + deposit. Citing habitability issues over some minor (unknown to landlord) municipal code violations. Demand letter says that the tenancy ended on 04/30, but does not specifically mention a lease termination. I feel that the habitability claim is BS and tenant simply wanted out of the lease for his personal reasons.

05/13: I sent clarification questions on the demand letter to the tenant’s attorney.

Now per lease, early lease termination requires 30day notice + 2 months rent as penalty. Per lease, late rent payment also has a fees. Till date (5/24), I have sent several reminders to tenant and his attorney to either pay May’s rent or put in an early lease termination and that I need lease clarity in order to initiate deposit return and move out inspection. and there is no reply. Again, from the tenant’s side, the only lease references are on 4/30 and 5/5 as mentioned above. So there is no explicit lease termination request.

What should I do? Should I consider an “implicit” early lease termination? If so, from which date? “Google” says that early lease termination should be explicit/in writing in California. In this current state: I am not getting rent and unable to do anything with the room which is damaging. By law, I also need to return Tenant’s deposit within 21 days of “move out”, and I don’t know what date to consider the move out.

Thanks!

[Theresa Harris]

You have it in writing that they moved out.  Post a notice that you are entering in 24 hours and then go in at that time. Take photos of everything and if they have moved out, change the locks and get it rented.