If tenants break rental lease do they get security deposit back?

Question

Tenants at my dads rental just broke their one year lease, five moths into it... on the rental agreement it says nothing about return of security deposit if the lease is broken... it does state however that if the lease is broken by the tenant there is a $2500 penalty fee. When trying to collect the penalty fee the tenants refused and said they want their security deposit back or they are taking my dad to court. They left the place trashed and damaged but my dad messed up and did not document anything, just fixed it in a hurry so that it can go back up for rent because he needed the money from the rent. The tanant states that its against CA law to withhold her deposit since my dad gave her no itamized list of repairs but I just don't feel its fair that she breaks her lease and we have to give her the deposit back.... what is that law in CA about this?

Answer 1

If you had a move in checklist signed by the tenant agreeing to the condition of the property you have nothing to worry about.  Even if you don't you should win a court case due to the $2,500 penalty in the lease.  If the deposit was less than $2,500 you should be able to get the difference.  Chances are if you go to court the tenant won't show up anyway, in which case you win be default.  I've seen many times with my own properties, a lot of talk but no walk.

Disclaimer:  I'm not familiar with CA laws, I'm in Kansas City.

Answer 2

I don't know how to help you, but that is terrible and I hope that your father will be able to find a way to get his money back! Good Luck!  

Answer 3

Is their something in your lease about...if tenants don't pay the rent, that your dad can use the security deposit for un-paid rent?  In Pennsylvania the law is on the side of the landlord.  If a tenant moves out early, and doesn't pay the penalty (3 months rent) I am legally allowed to use their security deposit for the un-paid rent.  Then if they trashed the place when they moved out, I can take them to court for damages, and wage attach them if I win.  Can't your dad sue them in court for breaking the lease, you know the $2500.00 penalty fee you mentioned?  Or in court, if they do sue him, he can file a cross complaint, or sometime what is referred to as counter suing.  So, they might win, but so might your dad.  

Answer 4

let her take you too court..at the same time he can counter sue for the 2500 penalty fee..and do you have any pictures or any of the receipts from getting it fixed? i wouldnt give her c**p...

Answer 5

have your dad take pictures of the rental unit, showing the damages then take the pictures  and all the paperwork he has on these tenants and see a attnorney then see what can be done  most likely your dad wil come out ahead and win the case