I am in California.
I signed a one-year lease on 3/4/11 with a tenant and the lease will start on 3/18. I received the rent for March + security deposit when signing the lease. On 3/17/11, the tenant emailed me that he would terminate the lease on 3/17/11 (before he moves in).
When we signed the lease, the tenant specifically chose this term for the early termination in the addendum. It said:
"A written notice of intent to vacate must be given by either party to the other, a full thirty (30) days prior to vacating. If the lease is for a fixed term, said notice cannot be given until at the earliest, thirty (30) days prior to the expiration of such term. In the event that no notice or insufficient notice is given, Resident will be responsible for, and the Security Deposit may be applied to, all leasehold liability as defined in Californian Civil Code Section 1951.2 for the remainder of the lease term, or through a 30-day Notice."
Based on the lease, how much should I deduct from the security deposit?
I deducted the rent for the holding period + 30 day, and returned him the remaining. But he only agreed to pay for the holding period and claimed to bring me to the court.
In addition, the lease also said, "Landlord and Tenant agree to mediate any dispute or claim arising between them out of the Agreement, or any resulting transacion, before resorting to court action. Mediation fees. if any, shall be divided equally among the parties involved. If, for any dispute or daim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attoney fees, even if they would otherwise be available to that party in any such action."
If he directly goes to court, what's the loss I may have in the worst case.
I have been a landlord for 3 years, but never went to court. I will really appreciate your suggestion.
