Legal Question in Landlord & Tenant Law in California

My mother and I signed a lease on house 3/20/2009. The agreement was for one year and the lease would terminate on 2/1/2010 @ 3:00 PM. It also states that upon termination of the Agreement we shall vacate the premises unless the Landlord and Tenant have extended this agreement in writing or signed a new agreement or if the Landlord accepts Rent from Tenant in which case a month to month tenancy shall be created which either part may terminate as specified in another section.

Well 2 1/2 years we decided to move. We have had numerous problems in the past with this rental company and knew that this was going to be a hassle. Well after some back and forth, she advised that she was going to assess all late fees and bill us. The problem being that we were never once charged a late fee the entire time we lived there or were we advised that the rent was EVER late. She emailed me a copy of our lease on 6/20/2011 and stated the following:

"I went ahead and scanned the lease for your review and file."

Well after going through the lease, I realized that they had never signed it! The only signatures on the scanned documents were mine and my mothers.

At this point, we just want out of the house and our deposit refunded. The house is in better condition now then it was when we moved in. I do not feel like she can charge us for late fees that we were never advised about. I have in writing that she states they were "leniant" with us because we always paid our rent however now they are going to charge us late fees. Legally, would we have to pay for these supposed late fees? And are we not entitled to our whole security deposit back? Is there any legal reprocussions for them not signing the lease?


Asked on 7/19/11, 11:50 am

1 Answer from Attorneys
Leanne Gerritsen Law Office of Leanna M. Gerritsen

The fact that you signed the lease means the landlord can use the writing against you. So as a practical matter in your case, no, there are no repercussions for the landlord's failure to sign the document.

A landlord can collect debt due under the contract for 2 years. Therefore, your landlord can try to collect any late fees incurred for the past two years. If you are concerned with this amount you should contact a landlord-tenant attorney.

As to your security deposit, in residential tenancies and within three weeks after a tenant who has paid a security deposit vacates the premises, CC �1950.5(g) requires the landlord to deliver to the tenant, by personal delivery or first class mail, an itemized statement, including expense receipts, of the amount of, and basis for, any security retained; and return any unused portion of the security to the tenant. The law regarding a landlord's deductions for expenses is very complex. If your landlord does not comply with the requirements, or you believe any deductions are unfair, you should contact a landlord-tenant lawyer for a consultation.

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Answered on 7/19/11, 12:33 pm


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