Moving out/eviction in California

[flori1700]

The state is California. We signed a lease that will end on mid January, but we are planning to move out to a better place at the end of the month. We gave them the 30 days notice, we paid the rent until the end of the 30 days. They threatened us that they will evict us if we don’t pay rent until the lease is up, but we will be out of the house soon. Even if we were staying here we couldn’t afford rent anymore, we have one income atm. I’m trying to find another family to move in here but due to costs the people don’t seem interested in taking over our lease. What happens if they take us to court and we lose (most likely). Will we have to pay back the rent in payments or all at once?

 

[FarmerJ]

This current landlord cant evict you for not paying on a lease if your still in occupancy and current month is paid , They can after you move out begin to show the place to other customers and if they get a new customer in there say with in a month then when they take you to court they can ask for one month of rent, Granted not many people are in the market - looking for a new place to move to during the so called holiday season. Do your best to steer prospective tenants to the LL and maybe you will get lucky and it wont be empty too long other wise your damage to the LL will cease when your lease has expired if they cant get any one else . As far as a judgment goes I suppose you may want to learn in your state how you can get proof that its paid off once you do pay it off, So if you paid it off in small payments or one large payment the courts stay out of that part of it since it will be up to the LL to collect it.

 

[PayrollHRGuy]

If they sue and win they will have a judgment against you. Should you fail to pay that judgment there are all sorts of ways they can collect on the judgment. Here's a link to their options https://www.occourts.org/self-help/smallclaims/collectingthejudgment.html#levying

 

[Zigner]

One other thing about a judgment: If a credit card sees a judgment against you, it may trigger the cancellation of that card. Happened to me a few years back. There was a judgment that was mistakenly entered against me. The error was corrected within 3 days, but during that time, American Express canceled my card. I didn't care because I never used the card and didn't have a balance on it, so it was a "no harm, no foul" situation, but that doesn't mean that YOU won't care.

 

[flori1700]

This current landlord cant evict you for not paying on a lease if your still in occupancy and current month is paid , They can after you move out begin to show the place to other customers and if they get a new customer in there say with in a month then when they take you to court they can ask for one month of rent, Granted not many people are in the market - looking for a new place to move to during the so called holiday season. Do your best to steer prospective tenants to the LL and maybe you will get lucky and it wont be empty too long other wise your damage to the LL will cease when your lease has expired if they cant get any one else . As far as a judgment goes I suppose you may want to learn in your state how you can get proof that its paid off once you do pay it off, So if you paid it off in small payments or one large payment the courts stay out of that part of it since it will be up to the LL to collect it.

This is a town with a military base. We are a military family as well. Many people move in this period. We moved here this year from another state and had no idea how California works. We were desperate to move out the hotel to a house because my husband was leaving to training and we signed this lease without thinking..

 

[Shadowbunny]

This is a town with a military base. We are a military family as well. Many people move in this period. We moved here this year from another state and had no idea how California works. We were desperate to move out the hotel to a house because my husband was leaving to training and we signed this lease without thinking..

Does your spouse's MOS require a security clearance? If so, you could putting that in jeopardy by getting a judgment against you. You were foolish to sign a lease for a place you couldn't afford -- don't compound the issue by putting his job at risk.

 

[flori1700]

Here’s an update. I also have another question. I found another military family to move in, they were staying at a hotel so they wanted to move in asap. They spoke to the landlord, completed the application and the landlord call me to ask when I want to do the move out inspection. We did it yesterday, singed the move out paper, they told us to expect the deposit back. My question is, are we still responsible for that place until the lease is up, if that family decides to don’t move in anymore, cuz they didn’t pay anything yet. Also we gave back the keys and everything, we don’t have access to the house anymore. Can they make us pay again the rent on the first of December?

 

[PayrollHRGuy]

Not if a new lease was signed by the new tenants with the LL. If on the other hand, you are subletting the residence you would be responsible. If he sends you your deposit back you are most certainly not subletting.

 

[flori1700]

Not if a new lease was signed by the new tenants with the LL. If on the other hand, you are subletting the residence you would be responsible. If he sends you your deposit back you are most certainly not subletting.

They signed it yesterday with the landlord. We’re getting our deposit back.

 

[PayrollHRGuy]

Good for you.