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[H] CA leasing laws

Blogs > esla_sol
Post a Reply
esla_sol
Profile Blog Joined September 2008
United States756 Posts
March 30 2010 22:58 GMT
#1
hey, posting this to vent some frustration and possibly get some feedback on a course of action.

i've been living at an apartment for 7 months this april. i have never signed a lease, however my mom signed a cosignment agreement. i do not have copies of the paperwork, so i am unsure of the exact terms on the cosignment agreement. the main point is that a lease agreement was never signed.

i am not happy with the apartment and i am looking to move. i just have a really bad feeling that i am going to get taken advantage of. the building is an old building, and there were lots of issues with it moving in (brick walls crumbling apart, scratches/marks from paint on the floors). ive added a few deep scratches into the hardwood floors, and i also painted a wall.

there are a few scenarios that i think can take place:
1. when i move out, they go after my mom for the remainder of the rent (5 remaining months)
2. i move and have to forfeit my security deposit, however im not responsible for the 5 months of remaining rent.

a friend was telling me that i should not pay this upcoming month's rent, and that way the security deposit would act like my last month's rent. however with the damages (painted wall, scratches on the hardwood) im sure they would sue me for that. on the other hand, i have a feeling that they would just take the security deposit anyway (the guy is a slumlord).

so i dunno, this shit is affecting me negatively. maybe you guys will have some insights.

PH
Profile Blog Joined June 2008
United States6173 Posts
March 30 2010 23:26 GMT
#2
Get a copy of your agreement with the landlords. Just because you didn't sign a lease doesn't mean you're off the hook. Find out what you can do, and if you're REALLY unhappy, talk to a lawyer.
Hello
Manifesto7
Profile Blog Joined November 2002
Osaka27139 Posts
Last Edited: 2010-03-31 01:04:29
March 31 2010 00:46 GMT
#3
Talk to your landlord and get a copy of the paperwork you are missing. You aren't at war, he has to give it to you. You might also just talk to him about the situation and see if you can't come to an agreement. Maybe you lose your deposit, but from his perspective he is losing 5 months rent that he was expecting to get. I don't think snaking out on your last months rent and jumping straight to courts/lawyer is really the best first step is it?
ModeratorGodfather
ShadowDrgn
Profile Blog Joined July 2007
United States2497 Posts
March 31 2010 01:54 GMT
#4
You can find some decent information online regarding landlord-tenant law so you may want to search around. From what I remember, if there's no signed lease agreement, the tenancy defaults to month-by-month for residential property in California. In that case, you'd just have to give a full month's notice of your intention to vacate (as in you better do it tomorrow and not April 1st), but wouldn't have to pay for the rest of the year. No idea about the security deposit.
Of course, you only live one life, and you make all your mistakes, and learn what not to do, and that’s the end of you.
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