Broke Lease/Deposit Disposition

[CA. Landlady]

One more thing. Think about what happens if the deal falls through and the current person who is scheduled to move in on the 15th doesn't. Guess who's not off the hook unless there's something in writing to the contrary?

You may not want to piss off the landlord with that letter you have proposed sending. Again, think about it and pay your dues because if I were your landlord, I would surely make your future an unpleasant one which might not be today nor tomorrow but when you least expect it!!!

 

[CAGuy25]

--Originally posted by CA. Landlady--
A landlord DOES NOT have a duty to mitigate damages until AFTER a person breaches the contract which in this case would be after the resident moved so there is NO standing or good argument that will hold water with respect to what the landlord was attempting to rent the premises for before the resident moved out. (Yes there is, the fact is is that the landlord, according to civil code is required to make a good faith effort to mitigate the damages, by rerenting the unit. He did not do so by attempting to get a higher rent, above and beyond what he would've gotten if I had completed the length of the contract)

A resident who breaches a contract will not receive credit should the landlord procure a new customer who pays more. (Yes, I would, due to the fact that I am only responsible for actual damages, you cannot charge a person if you do not actually experience the damages, which he would not, if he was getting an extra $100 a month over the remaining period)

I would be VERY surprised if a court in CA. would view the landlord acted in bad faith even though he was remiss in sending out the deposit disposition on or before 21 days. (The bad faith and the deposit disposition have nothing to do with one another aside from the fact that they involve the same people) Especially, since the resident BREACHED THE CONTRACT. I realize that's what the statute reads with deposit issues but in real life it just doesn't fly. The landlord will likely have the sympathy of the court. Besides, what was the post mark date of the letter/disposition envelope? (December 27, 2002)

You should be happy the landlord found a new customer and pay him the balance of rent due which I believe you said is $400 or so dollars. Then, ask the landlord if he will give you a positive rental reference in the future. (No need, I'm friends with the manager and he will give me a positive rental reference, besides the fact that my next move is to a house)I suggest you think about it and your future needs !!!!!--

Lastly, in regards to the comment that was following your first comment. I've requested information before on this website and find people who say to give up all rights to appease the landlord totally useless. I am not going to give up my rights and what I am allowed to appease the manager so he'll be fair in the future. That's just stupid, I'm sorry, maybe I'm naive, but I feel that I should stand up for my rights, regardless of the damage that it MAY cause me.

 

[CA. Landlady]

Fine. Go forward and stand up for the supposed rights you believe you have or others have made you believe you have. In the long run, you will very likely be crying in your beer. After all, you're the captain of your ship.

There are civil codes and then, there's the real world. Which do you live in? Do you believe you can hide the fact that you never rented from this particular landlord? Do you really believe you have or can have the upper hand? Do you care what may be entered into your credit report? Do you care about a civil judgment being entered into your record? What good do you believe you will serve the general public in your endeavor? Do you really believe the landlord acted in bad faith? What if the landlord had a death in the family during the 21 day time table mixed with the holidays? Do you believe the judge would think or rule he/she acted in bad faith? No, your landlord acted in GREAT faith IMO and you are grasping at straws here. What right do you believe you have to breach a contract?

 

[CAGuy25]

--Originally posted by CA. Landlady--
Fine. Go forward and stand up for the supposed rights you believe you have or others have made you believe you have. ((Silly me, believing in laws and consumer rights, silly silly me)) In the long run, you will very likely be crying in your beer. After all, you're the captain of your ship.

There's civil codes and then, there's real the real world. Which do you live in? ((Real world where rules are followed, or are you one of those folks that thinks you should be sued if you shoot the guy breaking into your house?))Do you believe you can hide the fact that you never rented from this particular landlord? ((No need to hide, I'll give the phone number to the manager who was my manager at that time)) Do you really believe you have or can have the upper hand? ((If civil codes are broken...hmmm...yeah, I think so)) Do you care what may be entered into your credit report? ((not really)) Do you care about a civil judgement being entered on your record? ((Doubt I'd end up with one on my record)) What right do you believe you have to breach a contract? ((According to you he doesn't have to follow the law in the code, so why should I feel bound to the contract?))--

Typical landperson trying to screw over a tenant, always trying to take advantage, no need to respond ma'am.

 

[CA. Landlady]

No dear, I'm trying to help you save yourself. In addition, as they say, when you dig yourself a hole, it's best to stop digging.