Legal Question in Real Estate Law in California
Dept dispute
My father passed away July 16 of 2003. When I came into the leasing office to inform his landlords of his passing the first statement made to me was not I am sorry to hear...or is there anything we can do to help..their statement was clear as was their intent. The told me that since a thirty day notice wasn't given that I had to pay a months worth of rent since they were not going to be able to rent his apartment right away. My fathers death was unexpected so a notice could not have been given. Another part of this dispute is that I am on the lease but I moved into these apartments when I was nine years old with my mother and when my parents divorced my father took over the lease. My name remained on the lease after I left for college for the simple fact that during christmas and summer breaks I would return and we didn't want to break any rules in the lease about occupancy of a residence. I also have a copy of the lease from up to 2003 with my name but not my signature on it. I recieved a letter from their law firm indicating that I was to pay a certain amount and/or have my credit history affected in a negative way. Do I have a winning dispute.
2 Answers from Attorneys
Re: Dept dispute
You may have a shot, but it may be cheaper to simply pay. I don't understand why your name would be on the lease starting when you were 9, since you had no ability to enter into a contract. If you were listed as living there, that is another question.
Assuming that your father is the only one who signed the lease, his estate is liable not you. Make sure you surrender possession so that they don't have a claim that you still live there. Put your facts in front of a landlord-tenant attorney and he or she can give you a better assessment of your chances of prevailing. As I indicated, however, this may be difficult to assess and it might be cheaper to wait until they sue you and then simply pay.
Re: Dept dispute
Again I am amazed at someone who is not done anything to protect himself. I don't see in your question that you seemed an attorney in person who has expertise in landlord/ tenant law. Okay here we go again. To you my first, only and passed answer to this question is see, in person, in front of, which are asked on the chair, an attorney and give him/her all of the facts and all of the document you have. I don't think it's too late night the still have a right to protect yourself. Give my thirty-day notice, pay the last month rent and deal with it accordingly. The problem is now, when is the last month since he died in 2003. Why did you wait, why didn't you see an attorney, no I don't want to hear it as it is only an excuse, but it's your life, your money in your liability. If you take care of the right away you probably would've only owed one month's rent and that's it. I can't tell you now because you haven't give me enough facts but don't tell me or any of the other lawyers in this group, tell one who can help you, in front of you in the county in which the real property is located.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000. If
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
