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tanant rights

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I live in Davis, California and I am renting an apartment for which the lease states that I am entilted to live in the unit until lease end date of Aug. 31, 2001. The apartment manager was under the impression that I was going to move into another unit in the same complex, with a new move in date of Aug. 4, 2001. So, the rented out the unit I am currently ocuppying and the move in date for the new tenant is Aug. 5, 2001. I did not end up signing the lease for the other unit and now wish to stay in my apartment until the end date of Aug. 31, 2001. My apartment manager is trying to tell me that I can not do this and if she has to take me to court she will tell the judge that she did "what I asked her to do." Does she have any legal discourse? Can I be help responsible for her leasing out my apartment to another tenant with a move in date that contradicts with my move out date? ANy help would be great, thanks!



Did you sign anything to that effect? did you put any money down as a holding fee or application fee?

Is there any proof of you other then verbal?

How long did you have the other lease before you gave it back to her saying you werent going to sign it?

When did she rent to the new tenants?

Do you have to give a 30 or 60 day notice to give before you move out or renew the lease?

The question is did the landlord really believe you to the point that all you had to do was sign the lease, then it probably is valid but if not then landlord probably jumped the gun and has to deal with the new tenants.

I guess a judge will decide that issue.


Senior Member
It is all in the PAPERWORK

Unless you indicated you wanted to move and they have a SIGNED release from you for your early departure from your original apt, mgmt is SOL. Advise mgmt that you are NOT moving until the end of your lease and that unless they compensate you - not that there are any "nice" hotels in Davis I do remember some nice B&Bs in Napa and down on the Delta - with either money or accommodations in another unit until you depart the area at the end of August, they can sue you. Without a written notification/release, there is no notification on which to base an unlawful detainer/eviction action.

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