Legal Question in Landlord & Tenant Law in California
I have lived at my apartment complex for 12 months. Our lease is ending and they have no record of the lease I signed. All the paperwork has been lost. I want to know what I am liable for if there is no record of me living there, and why should I have had to pay rent on a place I wasn't living in on paper.
1 Answer from Attorneys
Be serious. You pay rent for living space, not paper. Why don't you have a copy of your paperwork? I've never let a landlord of mine hold the only copies of the rental paperwork and none have ever refused to provide copies. If the shoe was on the other foot and they were evicting you, would you let them say they have no obligations to you? Unless there is a disagrement about the terms of your lease, the paper is irrelevant. If there is a disagreement, then it's a he-said-she-said. If you plan to move out, I assume you have proof of your deposit and rent payments. That should be all you need to prove the amount of time you have been there and the amount of deposit you get back, less proper deductions. If you want to renew, both you and they would have the right to agree or disagree with new terms at that time anyway, so just do a new lease.