Legal Question in Landlord & Tenant Law in California
Lease Termination
My family was recently relocated while we were 6 months into a 12 month lease. Speaking to the manager of our apt. complex, we were told to turn in the keys and leave the apt., and give a 30 day notice as if we were moving out. She said they had someone ready to move in within a month and we would only pay rent for the time it took for someone to move in (we would start paying at the end of the lease or when someone moved in). Also, we were told we'd be allowed to pay in increments if we had to and that it wouldn't go on our credit report. We were weary about this, but given our predicament we had little choice. None of these promises were in writing.
Once we moved out we gave contact information at our new address and phone # (this is documented). Well, no one moved into the apt. for 4.5 months. At one point the gate in front of the apt. was badly damaged (I took pictures).
So about 2 weeks ago I found out the debt had been given to a debt agency. This was concerning because I never received formal notice of how our deposit was spent. Also, the debt was much higher than what we would have owed if we'd paid the rent for the rest of the lease.
What, if anything, can we do?
Thanks in advance.
1 Answer from Attorneys
Re: Lease Termination
You are in a real bind, and you have hit the key to this (legally) with your short sentence about not being in writing.
A lease is a binding contract, and without anything being in writing, it stands as a debt for you. Look at it this way. As between two innocent parties (yes! I understand the guilty one in this scenario is the apartment manager), you and the landlord, who should suffer the loss?
Collection agencies add interest, although it shouldn't be much higher.
As to what to do---you can sue the apartment manager (if you can find her) in small claims court, where it will be your word vs. her word.
You can work out a payment solution with the collection agency, as unpalatable as that may be.
You can ignore the collection agency, let the bill go to judgment, and refuse to pay, so you pay nothing but have a nasty judgment ruining your credit for the rest of your life.
You can retain an attorney to do all the above for you, and he/she will most likely be worth a reasonable fee by negotiating a deal with the collection agency, and determining what course of action can be taken against the apartment manager, and against the landlord on the theory that landlord is responsible for statements made by the manager, under the law of agency.
I, would advise the latter (retain an attorney), and I appreciate the thanks, since those expressions are relatively scarce here.
Good luck, and please e-mail, or call, my office, if you need more help.
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