Breaking the lease.

[journalist87]

Petrikke,

I would hesitate to take any advice, however snarky, from a property manager. Paula seems to believe a contract absolves the landlord of any responsibilities, when in fact state law is explicit that certain tenant rights cannot be waived (and tenants do not have to swallow the nonsense that the size of an industry has any bearing whatsoever on their situation). The "business is business" and a "contract is a contract" position alone should tell you that there is little if any defense for your landlord's sleazy behavior, and that you should vigorously pursue your legal options. I advise you to do as much research as possible into tenant rights (which are quite strong in Los Angeles) before hiring a lawyer. As is often the case with folks who throw around the business-is-business crock, the threat of a lawsuit is the only thing that will lessen their arrogance.

[puffle]

Originally Posted by journalist87

Petrikke,

I would hesitate to take any advice, however snarky, from a property manager. Paula seems to believe a contract absolves the landlord of any responsibilities, when in fact state law is explicit that certain tenant rights cannot be waived (and tenants do not have to swallow the nonsense that the size of an industry has any bearing whatsoever on their situation). The "business is business" and a "contract is a contract" position alone should tell you that there is little if any defense for your landlord's sleazy behavior, and that you should vigorously pursue your legal options. I advise you to do as much research as possible into tenant rights (which are quite strong in Los Angeles) before hiring a lawyer. As is often the case with folks who throw around the business-is-business crock, the threat of a lawsuit is the only thing that will lessen their arrogance.

You can try taking them to small claims court which would be a small nominal fee for you, especially when show you have tried to rectify the situation by finding a tenant to take over the lease and that you have significant health issues at stake. You do not use a lawyer in small claims. It is an even playing field for both sides to state their case and the judge will give a decision in a short time. How long is your lease for?

[CARefugee]

Just move out and make sure they don't have a mailing address for you. You won't get your deposit back, but you'll be done with it.

The only thing the apartment complex can do is sue you for the remainder of the lease. They likely won't, but if they do, they have to serve your notice to appear in court. This is done two ways. The first is by certified mail. If they don't have a mailing address for you, they can't send a certified letter. If you get a note in your mailbox saying the post office has a piece of certified mail for you to pick up, DO NOT claim it. It will be returned to the sender unclaimed, without the required proof of delivery.

The second way to serve someone is to pay the sheriff or a private company to deliver the notice in person. This requires a physical address, which obviously they won't have. There is no central database in the U.S. of who lives where or what your mailing address is. They will not know where you are, and would rather just rent to the next sucker they can find than pursue you any longer.

If they are unable to serve you, there is no case. Period. It sounds scary, but if you go to the courthouse and ask what it takes to sue someone, they will tell you exactly what I have explained.

You might want to get a PO Box. I prefer to receive mail at these for several reasons:
-No physical address associated with my name.
-Easier than forwarding mail if I move.
-Less junk mail.

I broke a lease a year ago with no consequences. I also recently won a civil lawsuit against someone, and I know how the process works.

The previous responses from the apartment manager are typical of the attitude here. Americans see Europeans (especially Scandinavians) as naive fools to be taken advantage of. Americans will lie to you and pretend to be in charge if they can make money off you. I see it all the time.

[Ultrarunner]

Originally Posted by CARefugee

Just move out and make sure they don't have a mailing address for you. You won't get your deposit back, but you'll be done with it.

And people wonder why Landlords screen prospective residents and require applications???

Why not be honorable and abide by the agreement? Life happens and things change... true enough... maybe the content of a man's character does not mean much anymore?

Yes, you can just move, but be prepared to accept the consequences. I'm sure that you filled at a Rental Application giving the Owner the right to access credit information... right?

If you're content to live life in the shadows, it's your choice... Personally I like having the mail delivered to my home.

As far as construction projects... I can't tell you the number of times planned construction never happens or are you saying the landlord is connected with the new construction?

Without a crystal ball your guess is as good as mine.

[CARefugee]

Sorry, in a country that doesn't even enforce its own laws, I don't pay much attention to guilt trips like that. They're European and likely have no credit rating to worry about.

In any case, there are many ways to fix credit ratings, like a "banking-go-round".

It's hilarious that the upper class has all these loopholes and tricks, but some of the lower/middle class still clings to ideas of honor, even as the ship goes down.

[Ultrarunner]

Originally Posted by CARefugee

It's hilarious that the upper class has all these loopholes and tricks, but some of the lower/middle class still clings to ideas of honor, even as the ship goes down.

Not trying to be funny at all... I was told as a young child that all a man has is his character and good name and that no one can take that away from you.

Maybe I am out-of-touch with modern LA culture... but class has no boundaries. Certainly wealth does not equate class.

In reading these message boards, could it be that the problem in LA is that everyone is trying to "Get over" on someone else?

Forty-Five years ago my Grandfather passed and to this day people will recognize my unusual last name and tell me about him... at least once a week I will hear a story about his kindness in helping people establish themselves in life. I can only hope to be half the man that he was...

Life is about choices and YOU choose your own path. I choose not to associate with people who are dishonest, lie and cheat... life is too short for that.

[Dave3]

Originally Posted by Paula Lynn

And your manager had every right to refuse you breaking the lease and "subletting" it out. You signed a legal contract. A contract is a contract.

This is incredibly stupid legal advice. [URL="http://www.city-data.com/forum/members/petrikke-69775.html"]petrikke[/URL], if you believe Paula Lynn, you will be horribly taken advantage of by your landlord. Research breaking a lease in California and get the facts and procedures. Advertising for a replacement tenant is one of the things you should be doing, and if your landlord refuses to consider a replacement tenant they are opening themselves to legal and financial liability.

[landlordmother]

I am a landlord and if the construction was happening within the complex and the manager failed to post notices to inform you of the "construction" and "how long" etc, you may be able to breach it, because of habitabilty issues and because the landlord was aware prior to your signing a lease. You cannot sublet unless it says you can in your lease, but in California, I have never seen a lease ok'ing subletting.
Oh and catlenlaw....to those of you who have read some of this guys stuff..........he will take yourmoney. I read some of his stuff and being in the biz for 10 years most of what he said was bull crap! All he wants is your buck! Tenants have rights but they also have responsiblities that they have to follow as well. So be very cautious before quoting what he says to your landlord, it might just backfire on you.