Legal Question in Real Estate Law in California

We recently moved from an apartment to a new home, we gave our landlord a thrity day notice with the understanding that we cound extent the notice if our escrow did not close on time. We sent several letters to our landlord explaining that our escrow was not going to close on time and had multiple conversations with the on site apartment manager and was assured by him that this would be not be a problem becuase they were not going to be showing the apartment or renting until we were moved out. Since we lived there for 9 years the manager indicated to us that we would not have any problems if we needed to change our move out date, and that they would be willing to work with us on this. We have several witnesses that heard these conversations with the manager assuring us that we were fine. Now the landlord is stating to us that he is not going to refund our security deposit and in fact we owe him money. He is stating that our conversation with his manager are irrelevant. We did not receive any response from the landlord upon receipt of any of our letters to him explaining our change of move out dates indicating that he had any problem with this either.

Can he hold us liable for addidtional fees? Is the verbal agreement that we had with his apartment manager valid? He is threatening to sue us in court if we do not pay him.

Thank you


Asked on 8/27/10, 10:42 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your conversations with the manager are not irrelevant. The manager is the agent of the landlord, and capable of binding his principal. Nor can they argue that oral modifications to the lease regarding move-out date, etc. are without legal effect because they are oral. Remind them that the Civil Code (section 1950.5, and in particular subsection small-letter L) provides for double damages for bad-faith withholding of security deposits. I'd go over their argument, and your written lease, very carefully before getting too uppity with them, but on the whole I think you might do pretty well in Small Claims Court, if the decide to sue, by making a counter-claim. By the way, Civil Code section 1698 covers oral modification of written contracts. Either subsection (b) or (c) might apply; you certainly have given a new consideration and I'd also argue that your part of the modification has been performed.

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Answered on 9/01/10, 11:20 am


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