What is the name of your state (only U.S. law)? California.
I would like advice on how best to leave my current residence under illicit circumstances.
I am a student in a college town. I signed a month-to-month agreement for a studio apartment and lived for about 18 months without any issues. At the end of that time I was leaving to study abroad, so I called my landlord and gave 60 days notice via a message left on their voicemail. I wanted to send a written letter, but I didn't know what the procedure was and whether it had to be notarized or if anything else was involved, so in my message I asked them to call me back and advise me on what to do. I never heard from them.
I had paid my first and last month's rent when I moved in, as well as a security deposit. When I only had a month left and still hadn't heard back, I tried calling them again several times to inquire about a walkthrough inspection and the return of my deposit. Still no contact back. I became really busy with final exams and preparing to leave the country, so I just decided to give up the security deposit. I also decided to leave some furniture behind. Since the landlord was keeping my deposit, I figured they could pay to have the furniture removed. Since the landlord never contacted me back, I also did not return the keys.
Six months later (in January) I come back. The neighbor at my old studio apartment, who I am friends with, tells me that nobody has moved into my old apartment. I still have the keys, so I decide to check if my old furniture is still there. It turns out that everything is exactly as I had left it and it was pretty clear that nobody else had entered the apartment for the entire time I was gone. My landlord had always been really hands-off, so this didn't really surprise me. I decided that it would be really convenient for me to just stay for a few weeks while I got resituated in school and searched for a more permanent place.
Well, a few weeks passed and while I did look for other living arrangements, I didn't try very hard since there was no pressure. Then school started and I became busy; before I knew it, a couple months had passed. The fact that I was living for free was too good of a situation for me, as a poor college student, to just abandon, so I stayed for the rest of the school year. Counting the month of January when I returned, it has been five months.
Yesterday, I returned home and found a business card in my mailbox. It is from a real estate consultant, and has a note asking for me to call. So I guess the free ride is over. I am fully willing to cooperate with my landlord, but I also wanted to get some advice about what the potential repercussions are and how I can protect myself.
I can't really prove that I gave notice to leave, but it's been a year since I paid any rent. Can my landlord sue me for that time, even though I didn't live here for half of it? Can he still serve me with a letter of demand for rent? What are the legal attacks that my landlord can make against me here?
Also, I know I don't ethically have a leg to stand on, but final exams are in the middle of June and I would like to be able to delay moving out until then if possible. If the legal actions I'm facing are as bad as eviction, then I might as well stay and get another free 30 days. However, I'm pretty sure my landlord wants to avoid that as much as I do. Do you think the litigious headache is enough for my landlord to consider giving me two or three weeks to move out? Only about half the units on my floor are even rented, so I'm sure there's no opportunity cost in letting me stay a bit longer. What is this situation from my landlord's perspective?
Any advice would be appreciated. Thanks!
I would like advice on how best to leave my current residence under illicit circumstances.
I am a student in a college town. I signed a month-to-month agreement for a studio apartment and lived for about 18 months without any issues. At the end of that time I was leaving to study abroad, so I called my landlord and gave 60 days notice via a message left on their voicemail. I wanted to send a written letter, but I didn't know what the procedure was and whether it had to be notarized or if anything else was involved, so in my message I asked them to call me back and advise me on what to do. I never heard from them.
I had paid my first and last month's rent when I moved in, as well as a security deposit. When I only had a month left and still hadn't heard back, I tried calling them again several times to inquire about a walkthrough inspection and the return of my deposit. Still no contact back. I became really busy with final exams and preparing to leave the country, so I just decided to give up the security deposit. I also decided to leave some furniture behind. Since the landlord was keeping my deposit, I figured they could pay to have the furniture removed. Since the landlord never contacted me back, I also did not return the keys.
Six months later (in January) I come back. The neighbor at my old studio apartment, who I am friends with, tells me that nobody has moved into my old apartment. I still have the keys, so I decide to check if my old furniture is still there. It turns out that everything is exactly as I had left it and it was pretty clear that nobody else had entered the apartment for the entire time I was gone. My landlord had always been really hands-off, so this didn't really surprise me. I decided that it would be really convenient for me to just stay for a few weeks while I got resituated in school and searched for a more permanent place.
Well, a few weeks passed and while I did look for other living arrangements, I didn't try very hard since there was no pressure. Then school started and I became busy; before I knew it, a couple months had passed. The fact that I was living for free was too good of a situation for me, as a poor college student, to just abandon, so I stayed for the rest of the school year. Counting the month of January when I returned, it has been five months.
Yesterday, I returned home and found a business card in my mailbox. It is from a real estate consultant, and has a note asking for me to call. So I guess the free ride is over. I am fully willing to cooperate with my landlord, but I also wanted to get some advice about what the potential repercussions are and how I can protect myself.
I can't really prove that I gave notice to leave, but it's been a year since I paid any rent. Can my landlord sue me for that time, even though I didn't live here for half of it? Can he still serve me with a letter of demand for rent? What are the legal attacks that my landlord can make against me here?
Also, I know I don't ethically have a leg to stand on, but final exams are in the middle of June and I would like to be able to delay moving out until then if possible. If the legal actions I'm facing are as bad as eviction, then I might as well stay and get another free 30 days. However, I'm pretty sure my landlord wants to avoid that as much as I do. Do you think the litigious headache is enough for my landlord to consider giving me two or three weeks to move out? Only about half the units on my floor are even rented, so I'm sure there's no opportunity cost in letting me stay a bit longer. What is this situation from my landlord's perspective?
Any advice would be appreciated. Thanks!