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