My tenants signed the CA Fixed Term Residential Lease standard form, noting that only 2 people would reside there. Instead, 4 people have be...

Question

My tenants signed the CA Fixed Term Residential Lease standard form, noting that only 2 people would reside there. Instead, 4 people have been living there. They have just vacated, I just learned of the additional residents. I have substantial damage in my condo. What are the consequences to them for violating the lease and having 4 people live in my condo?

Answer

None, because they have vacated.

Answer

Assuming the damage exceeds any deposit, you'll have to sue the former tenants to recover (unless, of course, they settled up with you voluntarily!). The fact that they had four people living there instead of two may be a factor in establishing your right to recover your monetary losses, but it would not be the basis of your claim. Your claim would be based on the money you need to spend to repair any harm the tenants did above and beyond normal wear and tear.