check your lease and what the state allows then take them to court-dosent mean your get your money!

I don't know the magistrate or judge, or whatever he was that had given you advice about lease agreement, and we are in "sunny California" apparently, if she/he could move into your unit, and then can move someplace else, there is a problem here. She/he shouldn't have taken the unit in the first place. That's like job dissatisfaction. There are responsiblities that you have that you have to assume in paying your bills, etc. If either of them have credit, perhaps you can get some type of judgement in order to retrieve your monies, getting the apartment ready, going through the hassles of dealing with this individual, whatever the case may be. Also, a word of advice, try to find out whatever laws, whatever stiuplations you have to put in your contract. Whether you charge an extra deposit at the onset of the rental, because our court system is just about going to pot. So you have to figure out legally, what you can put in your lease agreement that can protect you. So if they go to court on you, the damages would be limited only to what they gave you. Plus, you should have extra money for the inconvenience. Marie

As a landlord and with a written lease you still need to be reasonable with tenents if they need to break the lease early for real legal reasons. For example if a tenent has a unforseen medical condition, loses their job, or some other legal reason to break the lease you as landlord should try to work with them. Often to sue or go after a tenent is not worth the trouble, expense, and worry you will have to put up with. After all a sute is only a legal piece of paper and hard to enforce or collect. A judgement does not mean you will collect anything at all but a big fat headache. Be reasonable in dealing with good tenents who have to break the lease.

I had a guy break a lease about 5 months early and it took me four months to lease the unit again. It was in the middle of the winter. After I got it rented, I sent him an itemized list of expenses including advertising, utilities, etc. and I advised him to contact me to settle the matter. He offered to pay 3/4 of the amount and I settled on the spot. I guess he also paid me in installments. The guy was planning in staying in the area and working legitimate payrolled jobs, and I'm sure he was afraid I would sue him and take his pay. Anyway, it worked out pretty well.

Legally, the lease is a contract, and you can hold the tenant liable for the entire year’s rent, whether she lives there or not. You have a duty to mitigate the situation by making a reasonable effort to find a new tenant, but if you can’t, the tenant must pay. The magistrate seems to be taking a pragmatic approach, that is, why bring a court action if you can’t track down the former tenant, or if she doesn’t have the assets to pay you off? After all, a court decree is just a piece of paper; enforcing it can be a real chore. Your best protection is to be a lot more selective when choosing tenants. Check to see that they are not moving constantly, and that their income is sufficient for them to afford more than just the rent. Check with their former landlords to see if they are dependable. Charge the maximum security deposit allowed by law. This may scare off a few possible tenants, but better to scare off someone who isn’t financially stable than to suffer another loss. Check out their credit history. If they’ve done this kind of thing before, it may show up as an outstanding debt on their credit report, or at the local landlord association. Unfortunately, you’ve discovered that the law only works against those who will honor it in the first place. Chalk this up as a learning experience and be more choosy in the future.

Legally, the lease is a contract, and you can hold the tenant liable for the entire year’s rent, whether she lives there or not. You have a duty to mitigate the situation by making a reasonable effort to find a new tenant, but if you can’t, the tenant must pay. The magistrate seems to be taking a pragmatic approach, that is, why bring a court action if you can’t track down the former tenant, or if she doesn’t have the assets to pay you off? After all, a court decree is just a piece of paper; enforcing it can be a real chore. Your best protection is to be a lot more selective when choosing tenants. Check to see that they are not moving constantly, and that their income is sufficient for them to afford more than just the rent. Check with their former landlords to see if they are dependable. Charge the maximum security deposit allowed by law. This may scare off a few possible tenants, but better to scare off someone who isn’t financially stable than to suffer another loss. Check out their credit history. If they’ve done this kind of thing before, it may show up as an outstanding debt on their credit report, or at the local landlord association. Unfortunately, you’ve discovered that the law only works against those who will honor it in the first place. Chalk this up as a learning experience and be more choosy in the future.

Sorry to hear about your situation. You have a choice to make. It's probably not worth your while to chase after most tenants. There should be some legal avenues you can pursue, but you need to check with a lawyer.
I recommend letting them go, then charge them for anything they broke or misused in your apartment (document, photograph and then take from their security deposit).
The best thing to do is have a solid, state specific lease, do a credit check / tenant screen, and call their references BEFORE you rent to the next tenant.