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What our options about recovering rent on a lease to a tenant who decided not to move in?

Asked over 2 years ago - Redding, CA

My wife and I were planning to rent a room to a girl from Alaska. we sent an a lease agreement to the mother, father and daughter via email. in the email we stated that " Here’s the promised summary of the leasing of the room in our we discussed for your daughter. If you disagree with anything I’ve written, let me know A.S.A.P.
By responding to this email, will confirm in writing that you, your husband, and /or daughter will pay 450.00 per month plus utilities for each month of rent for the period from September 1, 2009 to June 1, 2010".

My wife talked to the daughter and we recieved emails from the mother confirming the agreement. upon arriving they informed us via email that they found another place. Can I hold them to the lease or get compensated for breaking the lease?

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Attorney answers (2)

John M. Kaman

Reputation Level 20

Answered over 2 years ago. Criminal Defense Attorney in San Francisco, CA.

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You could but the compensation would be minimal considering the expense of litigation. You would be entitled to the difference between what was promised to be paid and the amount you were actually able to rent the room for. If you can't rent it, then the comparison would be market value. You can't just sit on the unoccupied room and collect damages.

John M. Kaman

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Dana Howard Shultz

Reputation Level 15

Answered over 2 years ago. Business Attorney in Oakland, CA.

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Based on the facts that you presented, I am not sure that a contract was entered into.

It appears that while there was an e-mail exchange confirming the basic terms, your actual offer was set forth in the lease agreement, and the prospective tenant did not accept that offer. Under this analysis, no agreement means that you have no right to any compensation.

An alternative analysis - more in your favor - would be that the e-mail exchange established a rental agreement, which was to be replaced by the lease agreement if and when the parties signed it. If find this argument a bit strained, but not unreasonable.

Bottom line: If you consider it worth your time and energy, and if you do not promptly rent the room to someone else at a comparable rent, you can bring a small-claims action (please see link below) and let a judge decide.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

Small-claims Court

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