Legal Question in Landlord & Tenant Law in California

My landlord provided a notice my lease ends 12-01-12 I checked with the office and they confirmed. We signed documents upon move out 11-30-12 stating we were doing so bc the lease ended( the document also 12-01-12 as the end of lease date typed in by the landlord). Now I have a bill asking for rent through 12-16-12 which is the correct date to end on the lease). I turned in keys and have not lived there due to their error can they charge me what documents do I need to fight this and win I am being charged for rent on an apartment I no longer have access to due to their mistake even when I questioned it.


Asked on 1/17/13, 1:54 am

2 Answers from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

I recommend that you try to negotiate a settlement or alternatively take the matter to mediation. If the LL ended the lease and accepted surrender of the premises as of 12/1/2012 then your rental responsibilities should be viewed as ending on that date as well.

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Answered on 1/17/13, 4:34 pm
Kelvin Green The Law Office of Kelvin Green

I agree. When I first saw this my first impression is that this was a mutual modification of the contract. Once modified the Landlord gave up his rights to any future rent...You may want to see if a letter poitning that out will work and then try negotiation or mediation

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Answered on 1/17/13, 6:12 pm


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