Leasing Office Attempt to Collect....

[smjoyner1980]

What is the name of your state (only U.S. law)? CA

In May of 2006, I called my leasing office and advised them that I did not intend on renewing my lease (I did not know the exact date of the end of my lease). They provided me with paperwork (30 notice of intent to vacate) with the move-out date already filled in. I misplaced this notice, but advised them in writing of the move out, with the date that they provided me with. (I later found the notice, and kept it for my records).

Shortly after moving out, I received a billing for another months rent as a "lease termination fee". When I called to ask about this, I was advised that it was a mistake, that they written off and my balance was $0. I did not receive another notice or attempt to collect for over a year and half..

Its almost 2 years later.. and they are threatening to sue and garnish my wages!! After seeing the lease, I see that they are right, I did move out a month early, but I moved out on the date they gave me! I was never advised that moving out on the date that they gave me would incur a charge. But... the contract does specify that (I didn't have a copy until now... but never had a reason to think that they would give me false information about the contract when asked).

Should I just pay them, or should I let them take me to court and see what the judge has to say? Do I even have a case given the contract?