Legal Question in Landlord & Tenant Law in California

Making Payments for last month rent of lease after vacating property

I am having to vacate my apartment 30 days early (lease ends October 31st) and am wanting to make payments toward the final months rent. I am leaving because my financial situation has changed and I am not able to afford the apartment anymore. I asked the manager if I could make payments for the remaining $1265.00 if I vacated prior to the 1st of October. The manager stated if I do not pay the rent in full, whether or not I have vacated the property, she would have to start the eviction process and it would wreck my credit. Is that my only option? Please help since I only have a few days to figure out how to handle this. Thank you.


Asked on 9/30/03, 3:19 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Making Payments for last month rent of lease after vacating property

If you vacate the premises and your landlord then commences the eviction process, you could sue him for malicious prosecution. So long as you move out before the trial date a trial court is not supposed to enter an unlawful detainer judgment against you. However, you could still be sued in small claims court, in which event you would simply pay off the judgment in payments. I have a better idea. Don't vacate and don't pay your rent. Your landlord will get so mad he will serve you with a 3-day notice to pay rent or quit. Quit within 3 days (hand over the keys). You will then only owe rent up to the last day in the 3-day notice, and can sue your landlord if he tries to collect more.

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Answered on 9/30/03, 6:58 pm


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