Legal Question in Real Estate Law in California
Rental agreement
I entered in a rental agreement along with spouse(now divorced) in 2001. I lived in apartment for 4 months , then moved out. I wrote a letter to landlord informing her that I was vacating apartment and that my then spouse choose to remain there. I also stated that I would not be responsible for any damages to apartment after I vacated Apartment. I received a letter on 3-2009 from a collection agency demanding $1,700.00 for damages to apartment after ex-spouse moved out in 2006. Was my letter to landlord a legal document releasing me from any damages done to apartment by ex-spouse?
2 Answers from Attorneys
Re: Rental agreement
Not unless the landlord agreed to release you. You're still on the hook, but you can go after your ex- for the money you're obliged to pay.
Re: Rental agreement
There are specific regulations regarding notifying tenants of damage to a residence after move-out. Even if your letter to the LL is inoperative, you should have received notice (actual or constructive) that damages were incurred.
It is not clear in your question whether a security deposit was provided or sufficient; however: Within three weeks (21 days) of the date the tenant vacates the landlord must provide an accounting of any charges in writing. The landlord may not charge for repairs, cleaning, etc., above and beyond reasonable wear and tear. The accounting may be mailed to the tenant's last known address. Failure to do this in bad faith subjects the landlord to any actual damage suffered by the tenant, as determined by the court, plus statutory damages of up to $600 {Civil Code Sec. 1950.5}.
Regards,
Bryan
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