Legal Question in Real Estate Law in California
3day notice/credit history
We decided not to pay the additional rent by receiving supportive information from Ken. Thank you.
The landlord mentioned it's possible that the charge will appear on our credit report. Or they may deduct it from our security deposit if we don't pay in 3 days. Can they do that? and if they do put on our credit, what are we gonna do next? Can they take eviction action after 3 days if we don't pay?
Old Question: We finished our lease in Feb and due to the economy we requested lower rent. The landlord approved it orally. We've been paying the new reduced rent for 3 months without any question. Now we decided to move and gave the landlord 30day notice. After 2 weeks, she gave us 3day Notice of Rent pay or Quit Notice. Asking us to pay the difference of reduced rent for last couple months. There was no new lease so we considered the new rent was month to month.
As a fact we forgot to get a writing approval from her when she approved our reduced rent. But why she accepted the rent for 3 months and now she dare say never proved it.
What are we gonna do? pay for the rent difference or seek lawful advice?
2 Answers from Attorneys
Re: 3day notice/credit history
I did not reply earlier because Ken's comments covered the situation. He's right. If the landlord besmirches your credit file, write the credit-reporting agencies (according to their rules and procedures, which you can find on line) and explain what happened.
If the landlord tries to withhold, remind him that Civil Code section 1950.5(k) provides for up to $600 of statutory damages in addition to actual damages for withholding any part of a tenant deposit in bad faith.
Re: 3day notice/credit history
There are also serious civil penalties for one to knowingly file a negative remark on someones credit report, even if only a disputed amount. The credit reporting system was designed to protect consumers from people who use threats of bad credit to collect unjust debts.
If the landlord makes any kind of credit ding on you, let me know.
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