Broken lease damages due- do I have a leg to stand on here? (Alameda: real estate)

[monkeystampede]

My wife and I had to break our lease for a new job out of state. We vacated our apartment in Alameda, CA January 27, our lease ran to August (will have to check for the exact date). The apartment complex has multiple blocks, each containing 20-30 units (not sure if that is relevant information, but hey, they it is). They have sent us our final bill including back rent through when a new tenant took over our particular unit (May).

In short, I am of the mind that they have overcharged us for the reasons below. Some (maybe all) of these may be way off base, but these are the areas that I think I have cause for concern based on my reading of the California tenant laws. Can anyone confirm that these grievances may have validity that could be used to recalculate the amount owed? Thanks

My particular issues/concerns are:

1) we were forced to sign an agreement to choose whether to pay two months up front or the time until the unit was rented when we broke the lease. We were told at the time that units were turning over quickly so getting someone else in would not be a problem. This statement played into our decision which option to go with.

2) The unit was not available for move in until mid February due to turnover repairs/maintenance. As a turnover gap happens at the end of a lease, shouldn't the 'revenue period' for the unit be 1 year plus the turnover gap, but since the lease only accounts for 12 months(or whatever particular time period of the lease) is the tenant responsible for that time?

3) Numerous other units became available and were rented prior to our particular unit getting taken off the market. The other units that were rented prior to ours were in-line with what we had been paying for rent and of similar style (type 1bd-B on their website), location in complex, etc. This is because, at least in part, our unit was being advertised at rent rates approximately 10% higher than other units (and indeed what we were paying, too). Does this not therefore mean that the landlord did not make a 'good faith' effort to find a replacement for us.

4) In our efforts (via craigslist) we were told to tell prospective renters to contact the office directly for all information; we could not show the place, make any rent claims, etc. We were also not allowed to sublet the apartment as the landlord did not want any airbnb type activity at the complex. So our personal efforts to find a replacement were hamstrung.

5) For the bill itself, the landlord did not appropriately account for the new higher rent received in accounting what we owed. As noted above, our unit was eventually rented out at approximately 10% more per month than our obligation. As I understand it, the landlord is not allowed to recoup future losses to our bill. So, since they are getting about $200 per month extra from May through August that they normally would not have received, shouldn't that be deducted from our bill?

We've been thinking of sending one months rent plus a letter with the reasons above to the landlord as a way to compromise. How do you think this would be received?

Again, I really appreciate any input/insights anyone can provide. Thank you

[txdemo]

I'm dizzy.

[NoMoreSnowForMe]

The lease break fee is not allowed in CA. Plus, in CA they have to give you a pre-move out inspection option, and give you a list of what you have to do to get your full deposit back, which they probably didn't do. And they obviously didn't deal with you in good faith. You'd win in small claims court, but you'd have to come back to sue them.

I'd write the landlord a letter and say the above, and tell him that if he chooses to sue you, you'll also ask for punitive damages which are also allowed under CA law, or you'll simply sue him first by hiring a CA lawyer and when he wins for you, he'll also be asking the court to pay his attorney fee and court costs, plus your out of pocket losses and punitive damages - or - he can let it go and give you something in writing, even an email, that says your account is paid in full.

That's what I'd do. Stand up to him. Let him know that you know the law is on your side.

[monkeystampede]

Originally Posted by NoMoreSnowForMe

The lease break fee is not allowed in CA. Plus, in CA they have to give you a pre-move out inspection option, and give you a list of what you have to do to get your full deposit back, which they probably didn't do. And they obviously didn't deal with you in good faith. You'd win in small claims court, but you'd have to come back to sue them.

I'd write the landlord a letter and say the above, and tell him that if he chooses to sue you, you'll also ask for punitive damages which are also allowed under CA law, or you'll simply sue him first by hiring a CA lawyer and when he wins for you, he'll also be asking the court to pay his attorney fee and court costs, plus your out of pocket losses and punitive damages - or - he can let it go and give you something in writing, even an email, that says your account is paid in full.

That's what I'd do. Stand up to him. Let him know that you know the law is on your side.

Hi NoMoreSnow,
I was hoping you would see this and give your two cents. I highly respect your opinion and think you have great insight into matters like this based on your other forum posts. Thank you for your input, I really appreciate it!

[NoMoreSnowForMe]

Originally Posted by monkeystampede

Hi NoMoreSnow,
I was hoping you would see this and give your two cents. I highly respect your opinion and think you have great insight into matters like this based on your other forum posts. Thank you for your input, I really appreciate it!

You have 2 posts, so why would you know about me, is what I'm wondering.

[gizmo980]

Originally Posted by NoMoreSnowForMe

You have 2 posts, so why would you know about me, is what I'm wondering.

Long-time lurker, perhaps? I probably lurked for a while before registering... just waited until I actually had something to say, lol.

[NoMoreSnowForMe]

Okay, my bad. So many trolls it has jaded me. My apologies.

[monkeystampede]

Originally Posted by NoMoreSnowForMe

You have 2 posts, so why would you know about me, is what I'm wondering.

stalking, pretty much (kidding of course) =) My whole issue came up in late May, since then I had been reading up on this issue and came across this forum. I stumbled upon one of your posts for another poster and it sounded like you really knew your stuff. I then read some of your other posts to see if you had addressed this type of question already before annoying everyone with my travails. After searching and researching for a while more I decided that it was time to put up the flag for some help and that brings us pretty much to today.

Thanks again!

[Oakformonday]

There is a Real Estate section here that might be helpful. I would cut down your posting as it is too much to read. I read the first two paragraphs and it sounds like everything is fine. Read your lease. Good luck.

[NoMoreSnowForMe]

Originally Posted by monkeystampede

stalking, pretty much (kidding of course) =) My whole issue came up in late May, since then I had been reading up on this issue and came across this forum. I stumbled upon one of your posts for another poster and it sounded like you really knew your stuff. I then read some of your other posts to see if you had addressed this type of question already before annoying everyone with my travails. After searching and researching for a while more I decided that it was time to put up the flag for some help and that brings us pretty much to today.

Thanks again!

Well, forgive me but we get a lot of trolls here. Your join date is July, so it begs the question. Hope some of my info was helpful. Best of luck.