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Breaking lease CA / now being charged for full lease

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artworkbyanna

Junior Member
My husband and I broke our lease agreement a little over 2 years ago. When we knew we had to break our lease, we did everything we could to have the apartment rented as soon as we were out. We had multiple people come and look at the apartment and apply for the apartment. Prior to moving out I was told by the manager and confirmed with her that someone else had already applied and signed a new lease for my apartment. I was told that we were only responsible for the time the apartment was vacant, which we already knew.

Fast forward 2 years later. we receive a collections notice that we owe the full 8 months of our remaining lease. We never received a single notice, letter, phone call or anything from the apartments prior to the letter we received in the mail from the law firm. I called the law firm to dispute and have them confirm the amount I owe. I received a call back from the manager stating I owe the full amount. They are threatening me saying I need to make a payment by the end of this month. I asked if they could send me proof of the amount due and when the next tenant moved into our unit. They could not give this to me.

I know in the state of CA that the Property management/company need to do their due diligence to get the apartment rented. The apartment kept our security deposit, which was fine with us and covered the full month of March. I understand that we are responsible for the time the apartment is vacant. We moved out 3/6/15. The bill we were sent was signed and dated 3/9/15 for the full amount of our lease due. I assume this is incorrect as we were told someone else had rented the apartment.

I have left a voicemail for the property management company directly to request copies of all signed lease paperwork. How would I go about requesting proof from the management company when the next tenant moved in? It's very upsetting to be told by the manager that the apartment was rented and we would not owe anything more then to be billed over 2 years later. Of course I have multiple emails to the manager at the time, but she would always call me to respond so I have no paper trail of the information I was given. I did provide our forwarding address to the manager just after moving but never received correspondence. Thank you for your time.
 


latigo

Senior Member
My husband and I broke our lease agreement a little over 2 years ago. When we knew we had to break our lease, we did everything we could to have the apartment rented as soon as we were out. We had multiple people come and look at the apartment and apply for the apartment. Prior to moving out I was told by the manager and confirmed with her that someone else had already applied and signed a new lease for my apartment. I was told that we were only responsible for the time the apartment was vacant, which we already knew.

Fast forward 2 years later. we receive a collections notice that we owe the full 8 months of our remaining lease. We never received a single notice, letter, phone call or anything from the apartments prior to the letter we received in the mail from the law firm. I called the law firm to dispute and have them confirm the amount I owe. I received a call back from the manager stating I owe the full amount. They are threatening me saying I need to make a payment by the end of this month. I asked if they could send me proof of the amount due and when the next tenant moved into our unit. They could not give this to me.

I know in the state of CA that the Property management/company need to do their due diligence to get the apartment rented. The apartment kept our security deposit, which was fine with us and covered the full month of March. I understand that we are responsible for the time the apartment is vacant. We moved out 3/6/15. The bill we were sent was signed and dated 3/9/15 for the full amount of our lease due. I assume this is incorrect as we were told someone else had rented the apartment.

I have left a voicemail for the property management company directly to request copies of all signed lease paperwork. How would I go about requesting proof from the management company when the next tenant moved in? It's very upsetting to be told by the manager that the apartment was rented and we would not owe anything more then to be billed over 2 years later. Of course I have multiple emails to the manager at the time, but she would always call me to respond so I have no paper trail of the information I was given. I did provide our forwarding address to the manager just after moving but never received correspondence. Thank you for your time.
Please note that there can be a critical differences in (1) being told that the apartment had been rented and (2) being told that someone had applied and signed a new lease.

Anyway because of what you were led to believe - and most IMPORTANT the seemingly unduly lapse of time before the demand was made - I think the defense of "estoppel in pais" would fit quite well. And this even if the apartment did remain vacant as claimed.

But I wouldn't forgo demanding to see the proof of it. Double up on them. As some anonymous wag once said, every kick in the ass is a step forward.
 

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