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Living in mission viejo California sfr. Moved in Oct 2012. Had a 6 month lease until April 2013 signed and lo took original to make a copy when returned the lease now said month to month until April handwritten on top. Also written in terms of use for garage area. At time we let it slide because we had cap credit and needed to take what we could...bad on our part I know. Our lol has history of harassment with previous tenant and was a thorn until health issues now back on her feet she is a thorn again. But not the issue. We were verbally told that we would be in this rental for years to come that they wanted a family that would treat the house as their own. Started with 6 month so our lease would terminate in April instead of Oct for better renting season. Agreed and signed made it to April and signed new lease for 1 year. April 1 2013 thru March 28 2014 but with mutual understanding of longterm residents. I know life happens and promises aren't always kept but now that our lease is coming up we were given notice that they are not renewing any length of tenancy longterm or month to month. Their right to do so. However I am 6.5 months pregnant now and will be 9 months at lease end March 28 2014. We have never been late pay with cashier check either early or on time. They claim to be selling and want the rental vacant during the time of showing. Again their prerogative. Here is my issue and questions.
We found another place and we're approved but it's available now. We asked to be let out of our lease early so we could take it and were denied. They won't let us out and won't let us stay during sale on month to month. Because she has decided to be difficult I have been scouring our lease and law books and found some mistakes according to laws but don't know ramifications of her mistakes. 1) can law states no deposit can be deemed nonrefundable all monies collected other then those for processing application screening fees and or actual rent collected. Everything else consider security even if collected separately and must be refundable. Does this void our lease in any way since she wrote it in as non refundable or is it a wait and see if refunded and if not sue in court for up to 3 X's the amount paid? 2) original lease stated rent 2300.00 we agreed to 80 discount to do lawn maintenance ourselves making rent 2220.00 a month. Current lease says rent is actually 2220.00 and written on second page says we are to deduct 80.00 a month for lawn care. We have been paying the 2220 but does the lease entitle us to 80.00 a month back from ll for every month we continued to pay the 2220? Technically it states rent is 2220 and we should deduct 80 making it 1940.00 owed if you abide by terms? Yes?? No?? I am at the point that I want everything we can get legally since ll unwilling to be helpful after we have been so accommodating. We have 3 children number 4 on the way all known by ll beforehand. Ll screwing us just because she can. We can not afford to pay rent on two places for Feb and march but can't conceive of moving when I might very well be in the hospital having baby. Plus I have been on modified bed rest since Oct 2013 with disability form from doctor. Does that having any influence here? Is it legal to kick out a person on disability? Pretty sure it is but what about pregnant women? Idt any of that matters but looking for something anything to let us leave now without owing rent thru april. Also failed to provide lead poison pamphlet.
Last edited by einsteinmommy; 01-31-2014 at 07:52 AM..
Reason: wrong forum
What does your lease say and what are the specific guidelines in your area?
Until you know these two things it is not possible to say if any laws were broken.
Are you just trying to get out of your lease without early termination fees or are there other issues?
Other issues I posted an earlier thread that isn't showing in list with all issues. New to this so I need to find out where it went. I think I posted to wrong area. Give me a minute and I'll repost
The only one that gives them out in my are is HUD/Section 8 LL NOT required to. And unless you have chipping paint & let your kids eat it then not a problem anyway. Kids toys have lead in them! So how you going to Prove Mental Damage cause by Paint? Cant!
We had no plans on leaving anytime soon and would stay even with ll issues because the good outweighs the bad in the end. Been here 1.5 years older kids have friends great location right size house and awesome neighbors. But since we can't i want out now while rentals costs are still on the lower side and available. The place we found was actually due to terminate in April same as ours but that owner let her current tenant out now when he asked unlike ours.
We had no plans on leaving anytime soon and would stay even with ll issues because the good outweighs the bad in the end. Been here 1.5 years older kids have friends great location right size house and awesome neighbors. But since we can't i want out now while rentals costs are still on the lower side and available. The place we found was actually due to terminate in April same as ours but that owner let her current tenant out now when he asked unlike ours.
Ok you didn't get the lead paint pamphlet. I would say you had a leg to stand on in the beginning few weeks of the Lease agreement if you raised a stink.
Hey you didn't tell me the house was a potential lead issue I want out. But 1.5 years later? You must be joking. That excuse to break the lease might fly like a lead balloon no pun intended.
And just because your future LL was willing to let those other tenants out of their lease in no way does that somehow transfer to your LL letting you out of your lease.
I think you need to simply give notice and look for a place that coincides with your leaving date.
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No lead pamphlet given with lease and lead notice
