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Old 12-16-2011, 11:04 PM
 
17 posts, read 56,872 times
Reputation: 11

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Hi!

Due to some unfortunate events I lost my job in San Francisco and, as an immigrant, I also lost my right to stay in the country. I have to leave the US by the end of January, the 7th month of my one year lease.

I already talked to the landlord/property manager to give this notice and emailed him a couple of times (to have some formal documentation). The best offer I could give him was to give away my deposit (equivalent to two months of rent) to cover for january and february and move away as soon as possible – I don't plan to stay in the US until the very last day of my visa.

I'm also offering to leave my furniture in case they want to announce the apartment as a furnished one.

Any recommendations about what to do in this situation? I'll not be able to cover for the remaining of my lease and the apartment is in pristine condition. It could be easily rented with little or no work at all.

I know I have an upper hand in the sense that I could just leave the country and not care about it since I have no credit history at all, but I want to do things in the right way.

Waiting to hear from you guys.
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Old 12-16-2011, 11:19 PM
 
Location: The High Seas
7,373 posts, read 15,939,152 times
Reputation: 11865
Sounds like you've done the fair thing, given the difficult circumstances.
I wonder if you can find a replacement job that would keep you here legally and let you stay through your lease.
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Old 12-17-2011, 02:20 AM
 
17 posts, read 56,872 times
Reputation: 11
I'm trying to find a job, for sure.

But I've been travelling and working around the globe and this was my worst experience – not just by being laid off for the first in time in 10+ years of career, but also by being insulted by some people because of my origins. Which is very weird, when I think about San Francisco's more liberal mindset.

Altogether with the current economy, apparently no one wants to pay for my visa renewal / salary and thus I'm really expecting to have to leave at some point in January.

Anyway, good to know that I'm being fair and hopefully the property manager will think the same.
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Old 12-17-2011, 04:50 AM
 
Location: South Korea
5,242 posts, read 13,029,460 times
Reputation: 2957
better move to the visa boat!!!

Really though if your landlord accepts using your deposit as rent, you've beat the system, generally they don't do that. Not to mention that I bet your home country wouldn't allow Americans staying in your country past their visa deadline or whatever.
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Old 12-17-2011, 11:35 PM
 
17 posts, read 56,872 times
Reputation: 11
That's exactly what I said: The visa boat has to leave end of january. After that I would be considered an illegal here and I don't want that. I'm here under an O1 (highly-skilled) visa and the last thing I need is a bad mark in my passport.

Technically I think they can't do much about me. It's not worth going after me since my deposit covers extra 2 months of rent. (which would mean I would have paid the equivalent to 9 out of 12 months of my lease). The only thing is that I'm trying to break the lease nicely (although it's been a week since I talked to them and I'm still waiting to get the agreement I should sign) because I simply don't like bad karma.

I also don't have any credit history, since I always used direct deposit and debit cards.
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Old 12-19-2011, 04:20 PM
 
17 posts, read 56,872 times
Reputation: 11
The guy is refusing to give me a paper with my rights and obligations when breaking the lease. What should I do?

I'm trying my best to be friendly and help on renting the apartment but he said I can't post any ads, can't find someone to take my lease and at the same time he doesn't want to do any of this.

Some friends said I shouldn't pay and wait until he evicts me. As I have to leave the country by end of January, it wouldn't be worth to him taking me to court.
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Old 12-19-2011, 05:16 PM
 
13,711 posts, read 9,171,551 times
Reputation: 9840
Danieln, in California if the landlord can re-rent the unit to another tenant (for the same rent that you're paying or less) within 30 days after you moved out, then you don't owe him anything beyond the time you spend living there.

That means if you can find a replacement and if the replacement fits the profile (good credit, steady income, etc) then you can have that person take over your lease. If the landlord refuses to accept the new tenant, too bad, you still don't owe him anything because it's not your fault if there is a willing and able tenant but the landlord refuses to rent.

Or you can simply move out without finding a replacement and bet on the landlord finding a new tenant within 30 days. by law, the landlord MUST make an effort to rent the place. If the landlord finds a new tenant after two weeks, you owe landlord nothing, even though it sat empty for two weeks (remember the 30 days window). If landlord jacks up the rent by $300 and finds no taker, you're not responsible because the landlord has changed the nature of the rental.

Now, if you did not have a replacement and the landlord is UNABLE to find a replacement within 30 days of you leaving (for the same rent or less) then you'll be liable for rent up to the point where a new tenant is found. That means if the unit sits vacant for two months before a new tenant is found then you'll be responsible for two months rent. However, in SF, I can't imagine any reasonably priced and decent unit sitting vacant for longer than a month. And remember the landlord must make an effort to rent the unit (and find no renter) to held you responsible. If landlord sat on hands then you don't owe him anything.

You don't have to give your landlord your deposit. In fact, it is illegal to treat deposit as rent.

I suggest you go talk to the Tenant's Union in the Mission District (on Treat). They ask for a minimum $10 donation to talk to one of the lawyers.

Last edited by beb0p; 12-19-2011 at 05:28 PM..
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Old 12-19-2011, 10:52 PM
 
1,027 posts, read 1,938,620 times
Reputation: 551
Write a long letter to the landlord outlining all the injustices inflicted on you by "unforeseen circumstances" of economy and this very landlord as well (flea bites, tripping and falling, etc), and do not forget to list all building code and possible fire violations... or sublet your apartment.
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Old 12-19-2011, 11:00 PM
 
Location: Los Altos Hills, CA
36,628 posts, read 67,158,658 times
Reputation: 21164
Call this place. Ive heard great things about them from people at church who needed help similar to your situation(and I have no affliation to them whatsoever). I think they'll even give you a free consultation:
Eviction Defense Center, A Non-Profit Law Corporation
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Old 12-19-2011, 11:27 PM
 
10,629 posts, read 26,627,064 times
Reputation: 6776
Definitely talk to one of the lawyers mentioned! In this housing market the landlord will have NO problems renting out your place in no time. And by "no time" I mean that quite literally. It is CRAZY out there right now. People are desperate for an apartment, any apartment.
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