So here is the situation. Wondering if you could all provide some thoughts. Does Tenant 1 have a right to reneg on his agreement and file a small claims court action.
- Tenant 1 and Tenant 2 are renting 2 bedroom condo.
- Tenant 1 gives notice properly to move out on July 1st, 2011. Tenant 2 does not give notice, and thus landlord assumes that tenant 2 will still be occupying.
-Tenant 2 sends text on July 1st, 2011 stating that he is moved out. Landlord considers this beginning of notice period.
-Landlord then posts ad on Craigslist, goes to show the apartment on July 12th. Discovers Tenant 1 in the process of moving out belongings that he had at the apartment. Despite this, landlord still manages to sign up new tenants. Tenants occupy and move in as of July 15th.
- Landlord attempts to keep entire balance of deposit ($1,200). Tenant 1 does not agree, concedes that half should be kept due to actions by both tenants. Is looking for $600 of the deposit to be returned.
- Landlord and Tenant 1 discuss matters over the phone. Ultimately tenant one agrees to not pursue any additional matters if landlord sends $100. Landlord sends funds.
- Tenant decides that he was too rash in making a decision. Wishes to continue with small courts claim.