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Three days notice! Please help....

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yelenaily

Junior Member
I live in California and on December 5th of 2006 I rented an apartment and signed a 6 months lease. I gave her first months rent and a security deposit for the same amount. When I was signning the lease I remember reading something about the landlord being obligated to give me a copy of the contract within 30 days. I also gave her a list of things that needed to be fixed/ replaced. On January 31st of 2007 I gave the landlord a notice saying that I'll be moving out in a month because I lost my job and won't be able to pay for the apartment. She said that I still have to pay rent for the last month and when I move out she's going to give me my deposit back minus $45 for carpet cleaning. I told her that I can't pay her the amount she wants and suggested to just use my deposit as the last months payment. She gave me a 3 day notice. My only concern is... I never got a copy of the agreement even though I asked for it numerous times. She never fixed anything I asked her to fix either... I'm afraid that even if I pay rent right now, she won't give me back my deposit and is going to blame me for all the broken things in the apartment. What can I do at this point? Please help, I don't have much time left.
 


FarmerJ

Senior Member
Still have a copy of the list you gave her? if so take pics of everything that was on it and keep in safe place. Wether you have the money or not, if your LL was willing to terminate your lease early and let you pay your last monts rent you should find the money. If you havent paid your rent then thats why you would have been given notice ill bet. Your LL is entitled to be paid and if you cant pay then you will be taken to court and thrown out in the end anyway and have a court record that other future LLs will be able to use as reason to refuse to rent to you.
 

LindaP777

Senior Member
I live in California and on December 5th of 2006 I rented an apartment and signed a 6 months lease. ... On January 31st of 2007 I gave the landlord a notice saying that I'll be moving out in a month . . . I'm afraid that even if I pay rent right now, she won't give me back my deposit and is going to blame me for all the broken things in the apartment. What can I do at this point? Please help, I don't have much time left.

You are breaking your lease. Why do you think you should get any of your deposit back? You would be technically be responsible for the remainder of the lease, or until a new tenant is found. You would also be responsible for any advertising costs. If you get any of the deposit back, be thankful.
 

yelenaily

Junior Member
...

it's not a matter of that..... I completely understand that she has a full right to keep the deposit, but she's claiming that If I give her rent right now, she will give me my deposit when I move out... I just don't want to count on the money she's supposed to give me and then have her tell me at the end of the month that she doesn't give a **** and that I can't prove anything because I don't have a copy of the lease and basicly just take the deposit and blame me for all the stuff thats broken in the apartment even though it was there when I moved in and she was supposed to fix it all.
 

Zigner

Senior Member, Non-Attorney
California law does not require the LL to let you "live out" your deposit.
Think about it - what if you spill a bottle of nail polish on the floor and gouge the wall with your bed frame while moving out...there would be no deposit left to fix those repairs (that's one of the reasons behind the rules).
 

LindaP777

Senior Member
If you don't pay the final months rent, she can sue you for it. And if she has to sue you for it, she might as well sue you for the balance of the lease, plus and damages & late fees. Why make the LL mad? Work with her! Do what she asks or you might find yourself owing a lot more! The way I see it, you owe her for rent AND she should keep your security deposit AND monthly rent for the remainder of your lease! If she decided to give it back to you, consider yourself lucky!!! Look at it like a "bonus" if you get it, but don't count on it!
 
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LindaP777

Senior Member
BTW - she has to serve you a 3 Day Notice to start the eviction process.
What if come March first you are still not out as you promised (after all, you didn't keep "your promise" when you signed the 6 months lease). If she waits, you could burn her even more by staying another month without paying! I'm sure she has concerns about you being able to afford the move.
 

yelenaily

Junior Member
BTW - she has to serve you a 3 Day Notice to start the eviction process.
What if come March first you are still not out as you promised (after all, you didn't keep "your promise" when you signed the 6 months lease). If she waits, you could burn her even more by staying another month without paying! I'm sure she has concerns about you being able to afford the move.
That doesn't even make sence... I'm moving out march 1st regardless... I'd move out earlier, but the place is only going to be ready then.
 

Zigner

Senior Member, Non-Attorney
That doesn't even make sence... I'm moving out march 1st regardless... I'd move out earlier, but the place is only going to be ready then.
It makes perfect sense. You have already proven that you do not live up to your word (ie: the lease you signed). Why should the LL think that this situation would be any different. The LL is going by the adage of "Screw me once, shame on you - screw me twice, shame on me!"
 

yelenaily

Junior Member
It makes perfect sense. You have already proven that you do not live up to your word (ie: the lease you signed). Why should the LL think that this situation would be any different. The LL is going by the adage of "Screw me once, shame on you - screw me twice, shame on me!"
Are you retarded? I'm telling you that I'm moving out on March 1st regardless of what happens. The reason I'm moving out is because I'm moving into this other place which will only be available on March 1st, otherwise I would've moved already.
 

fairisfair

Senior Member
And didn't she break the contract by not giving me a copy of the lease?
not hardly, and why didn't you go get a copy if it was so important to you that you have one? Prove that she did not send you a copy.

and by the way, Zig is far from retarded, you on the other hand. . . . . .
like your word means anything at this point? After all, aren't you the same person who signed that lease saying that you would stay X amount of months? Oh but NOW you REALLY mean it, you are REALLY moving out March 1. Whatever:rolleyes:
 

fairisfair

Senior Member
Not to mention the fact that you told THIS landlord that you are moving out because you lost your job and can't pay for the apartment. AND YET

you are moving into another place that is available on March 1st. So what, is this a FREE apartment? Did you lie about losing your job, or are you lying to the NEW landlord now???
 

LindaP777

Senior Member
Laaddiiieesss and Gents! Step right up and see another OP who insists they are right and refuses to accept that others opinions on this forum (those with with a lot more experience) are correct. I suggest we all tell them what they want to hear so they go away happy. And that is the goal here, right? To make sure everyone leaves happy?

Obviously, this OP does not care to think about the ramifications of backing out on a lease.

Good Luck yelenaily. Make sure you are prepared to tell the judge why you backed out on your lease AND refused to pay February's rent and late fees.
 

yelenaily

Junior Member
Not to mention the fact that you told THIS landlord that you are moving out because you lost your job and can't pay for the apartment. AND YET

you are moving into another place that is available on March 1st. So what, is this a FREE apartment? Did you lie about losing your job, or are you lying to the NEW landlord now???
Yeah smartass, it is a free ****in apartment... I'm moving back in with my mom, and the apartment she got is going to be ready in march. And guess what... I really did loose my job, so shove it.
 

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