[quote]Please remind him that California awards treble damages. [/quote]

Only for acting in bad faith. I don’t think the court would take this as bad faith. He reasonably tried to rent the property and both sides are arguing over what is reasonable wear and tear & other issues.. that isn’t bad faith.

Item #4 is valid, if he reasonably marketed the property and got lower rent for it then the difference between the lowered rent and what the OP agreed to in rent is what he is liable for. It would be up to you to prove he that he could get the same rent for the property but that could also involve longer marketing times.. which you would be liable for the empty days.

I really don’t think you’ll get much if anything and still have some downside liability. But I am not a lawyer.

I say take him to court! Only because I want to find out if I am right or not.