Legal Question in Landlord & Tenant Law in California
My husband and I had moved from an apartment in San Pedro to Redondo Beach 2 months before our lease in San Pedro was up. We gave notice, and advised that we would continue to pay rent till our lease was paid in full. 3 days before our last and final rent check was due, the manager stated that she may have someone that wanted to rent our place, and in such case we did not need to pay rent. But on the day rent was due she stated that the future tenant fell through and we still needed to pay rent. We paid rent in full. When returning to the apartment to collect our final mail, it was observed by myself, that someone had moved in without our knowledge. We were never given an opportunity to do a walk through, and the company will not tell us when the person took residency in our old apartment. In speaking with the manager, she would not give us a copy of our lease, as she stated that it was not on the premise, and that the person working on our file had it at another property. Upon further investigation, the manager of the apartment was the one that took residency of our old apartment. Am I to believe her of the date that she stated she moved into the apartment? They continue to be horrible upon contacting us. I am wondering if it is illegal to collect double rent, and believe we deserve our security deposit back. Am I right about this?
1 Answer from Attorneys
It definitely sounds fishy. If I were in your shoes I would file a small claims action for your last month's rent and security deposit, and let the court sort it out.