Landlord Problems

I was on a lease extension that was month to month in CA. The Landlord sent me a letter stating that they were going to raise the rent 1 October and changing nothing else on the lease. I was invited to sign a renewal either in the annual form or month to month at either of two different rents.

I refused to pay the increase and sought legal advise. I was told that under CA law, the landlord had met the 60 day notice and I had two options. Sign a new lease for more rent, or leave. I chose to leave.

I was told that I did not need to provide notice, because the landlord had already provided notice, and that no lease survives the 1 Oct date. There is no need to advise my intention to withdraw from a then non-existent lease.

I did leave and at first the landlord manager refused to accept the keys. I eventually turned the keys in to an assistant manager. One day late. Then I got a bill for the month of October at the new, higher, month to month rate. Net of my deposit. I refused to pay and asked for my deposit.

They turned the debt over to a collector. I wrote the collector, together with copies of their letter that canceled the lease 1 Oct, a copy to the lease agreement that spells out that either party can cancel a least, subject to required notice. I explained they canceled the lease. I had no desire to, need to, or benefit from canceling the lease. That I did not owe the additional rent.

None the less, they reported the debt to credit agencies and my FICO has taken a hit from it. My lawyer says I can sue, but the cost would exceed the value of amount in dispute. The amount is approximately $2000. Suggested I goad them into suing me, because I could then countersue and recover both the amount they owe me (the deposit)and legal costs. Are there other modes of relief?

Reply from

We are going to have to defer to your attorney on this one.

Click here to post comments

Return to Debt Collection Questions.

Learn how debt collection laws can help you!
This website does not provide legal advice.
All information is for educational purposes only.
Copyright 2007 - 2021 by Mary Reed and Gerri Detweiler.
All rights reserved..
Read our Privacy Policy here. Do not sell my information.