AboutJonathan Dever, Esq Expertise Real Estate Law, Buying Selling, Investor, all types of acquring property through "creative techniques" and fraud avoidance
Experience Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years
Organizations Ohio Bar Assn
Greene County Bar Assn
Champaign County Bar Assn
Publications Personal web site and web articles
Education/Credentials JD - Capital University
MA - IU of Penn
BA - U of Cincinnati
Awards and Honors Super Lawyer 2005, 2006, 2007
Who is Who, Lawyers 2006, 2007
Question My tenant signed a 2 year lease April of 2008. She is now asking to change it to a one year lease. She said she has to move to take care of her grandma. Do I have to let her out of the lease? If I let her out of the lease can I keep the entire deposit? This rental is in California.
Answer You do not have to let her out, but if she breaks the lease anyway, you have to collect via the court system and find a new tenant anyway. Negotiate with the tenant and start looking for another. Charge an extra 30 days rent and keep the deposit as the penalty. If she agrees, break the lease and move on.
In the future, make sure you have a provision in your lease that deals with this situation.
If you need a bullet proof provision that has been upheld by countless courts in several states, go to www.attorneyslandlordingkit.com and buy the kit. It is less than $50 bucks and will save you many headaches including this one.
