July 2nd, 2009
Open Question: I broke a lease in California and I owe concession or do I?
I just received section 8 after waiting for 5 years for my name to come up on the list I did not want to pass up this opportunity because I’m all most done with school and they have allot of scholarships programs and will help me buy a home. However I was in a 1 year lease that ended in June, section 8 gave me until the 6th of June to find a place so I had 2 months to find something. I asked the property management to take the section 8 or to please let me out of the lease one month early. The lady yelled at me said no, and that even thought all the rest of the apartments that they managed by that owner take section 8 they went going to take it at those apartments or for me and continued to threaten me saying that she was going to mess up my section8 by calling section 8 and tell them that I was breaking my lease one month early. (so that was a hell no.) From that point on when ever a new property management would call for a reference they would inform them that I would owe 2000 for breaking the lease early. (That was a debt that I technically did not owe yet) I continued to look around for a place I gave a 30 day and I found one right before the dead line. It was a week before I was to move and another landlord told me at they would except my section8 7 WEEKS latter AND AFTER I PUT MONEY DOWN ON ANOTHER PLACE. ( It was to late buy that time.)
Both property managements that called for a reference informed me that I did not really owe 2000 dollars and to go to court…they put it this way
“For example if I broke my lease early and I had 6 months left that they can only charge me for the however many months it took to re rent the apartment plus advertisements to re rent it. so if it took 2 months after the date I move then I would be responsible until they rented for those 2 months.” I only owe 1 one month left. They also told me that the California courts will not enforce me to play concession fee of 1200 (one hundred dollar discount for every month for signing a 12 month lease) for breaking my lease early that is something that property management companies use to keep people from breaking leases. California will not enforce it.
So I tried to settle this and called the old property management with my new info
they said “if I went to court that it there would be dyer consequences on my credit report” I said “more than 2000? I am taking my chances” they said okay that they will take me to court after 30 days of no response HOWEVER in the bill they sent it said that I would go to collections not court after 30 days. Is that the same is or they trying to stall till collections? And is it true that about not being able to make me pay concession in California court? Should I respond before 30days? Has any one ever been through this? What are my options? Thank you for all your answers. Sorry for the long question.
Landlord…
Ah I never committed any type of fraud at all they screen you extensively you cant have even one eviction to qualify. I DON’T OWE ANY ONE TILL NOW.
I had to leave my apartment to move in to a place will EXCEPT it.
HOWEVER when the old property management informed me of the retaliation TO COVER BASES BEFORE I MOVED I called section 8 they told me it DOES NOT matter if I brake the lease as long as I don’t have any evictions and since I gave a 30 day…… it only matters if I brake a lease while I m on the program. I DON’T OWE HA
And I DON’T want to get off free I just don’t want to pay 1200 dollars for breaking my lease 1 MONTH early.
