Tenant broke the lease
Hello dear gurus,
I bought a property in California in a 50+ community for my elderly parents about 5 months ago. The property was rented out to a single woman until the end of the year. When I bought a property, I immediately wrote a paper letter to the current tenant saying that I had no intention to continue the lease after Dec 31st, and that they can move out earlier with a 30 days notice in writing. I also sent her the same to her emails address.
On October 30th, I received an email from the tenant that she is moving out on Nov 15th and that she puts the check in a mail. When I got the check, I found that the check for only half rent (clearly stated on the check).
I contacted the tenant via email saying that I never agreed to accept the pro-rated amount. She responded saying "clearing the check is legally binding as a consent to accept the prorated rent". I demanded a check for the rest of the month. She refused to pay. I met her at the property on Nov 16th. The carpet was still stained and she refused to surrender the key saying that she will leave it in the drawer of the apartment when she has a chance to clean the carpet. Technically she is still using my unit and responsible for all the utility bills, etc.
She also told me that she moves next door and she wants us to let it go a "be a good neighbor". I still have her security deposit that does not cover fully what she owes me. Can anything be done? Any advice will be appreciated. I really want to clear this since she is turning the table on me after breaking the lease terms.