renter backed out of lease cancelled deposit check

renter backed out of lease cancelled deposit check by Yiman Wang (CA) on June 15, 2008 @22:44

I rented my condo to a woman for the period of June 9 to July 31. Part of her obligations would be catsitting. I was scheduled to fly out at 12 pm, June 9. She, however, failed to show up. When I called her at 9:30 am on June 9, she said she was driving (presumably to my house). Yet, she never showed up, nor answered my phone calls or phone messages.

She also canceled the deposit check on that morning. Since I'm traveling, I can't interview other people to rent out my house.

She DID sign the lease.

Has she breached the lease; what kind of legal action should I take to get her to redeem my loss?

I appreciate any suggestions you may have. Please email hahumiaomiao@aim.com

Thank you very much

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Re: renter backed out of lease cancelled deposit check by Anonymous on June 15, 2008 @23:20	[ Reply ]

Continue your attempts to rent the unit. Then take her to small claims court for the money you are out. Sounds like this was a vaction unit. Most leases for those state that you lose your deposit if you cancel within 30 days of the rental. She didn't cancel at all since she never told you she wasn't coming. Sue her for the full amount of your lost rent.

Re: renter backed out of lease cancelled deposit check by Micah on June 16, 2008 @00:03	[ Reply ]

Why didn't you cash the heck when you got it? Rule #1 is always deposit checks as soon as you get them. If you need to return a deposit or whatever you can always write them a new check (after the old one clears the bank). Deposits should always be in certified funds, money orders or cashiers checks. That way no one can cancel them on you.

Re: renter backed out of lease cancelled deposit check

Re: renter backed out of lease cancelled deposit c by YW (CA) on June 16, 2008 @03:01	[ Reply ]

I learned the lesson the hard way. In retrospect, I should have cashed the check right away. I trusted people too much. Now the question is: I'm traveling abroad. How can I pursue the small fees claim? Is there a time period in which I can do this, and after this period, the case expires? Thanks

Re: renter backed out of lease cancelled deposit c

Re: renter backed out of lease cancelled deposit check by anonymous (CA) on June 17, 2008 @01:54	[ Reply ]

Couple of mistakes made: put the cat in a kennel, get cash before you give the keys.

renter backed out of lease cancelled deposit check - Landlord Forum thread 157080