Moving Out After a Lease Expires in California

**niels81nrw** · 10-29-2007, 05:30 PM

Hello all,

My current lease expires on 10/31/2007 and I want to move to another place. I already got the new lease contract from the new landlord. The new contract should start on 11/11/2007. Until then we (me and my family) have to stay our current apartment (currently we live in a big apartment community with about 400 apartments).

The current landlord/ leasing office told us that we have to sign a notice of vacant form 30 days before we leave. Unfortunately our earliest possible day to sign the notice was 10/24/07. The person in the community office told us because there where (almost daily) noise complains about us from the residents beneath us (I have an 18 month old son who is running in the apartment a lot) it might be possible that the company who owns the community agrees that we don't have to pay the rent until 11/24/2007 so that we can leave earlier.

Today I got an email from the community office:
"...If you are transferring we may be able to accept the 16-18 day notice. If you are going to rent offsite, you will be charged a Notice Fee through 11/24/2007. ..."

That means if we would go to another apartment in the community they would accept the notice. If not we have to pay our rent until 11/24/2007, even if we move out earlier. And they don't care about the noise complains from the residents beneath us. I can't tell my son that he has to stop running.
That's actually why we want to move to a house (and the rent for house is cheaper than rent for the apartment).
I wrote them and email back if it is possible that they can bend the rules make a compromise that we will pay the rent until 11/15/2007 and so that we can move out a bit earlier. The biggest problem with 11/24/07 is that it's in the week where Thanksgiving it. So a really bad week for a move.
The answer was:
"...I am sorry I wish I could accommodate you however policy for Notice is..." and "...I really do apologize let me explain. We are mandated by Fair Housing Laws - this means equal to all. That might help you understand the reason for our policies being a bit strict ..."

In my opinion they just want to get as much money they can have that's why they want have to stay us until 11/24/2007. But I don't know the laws but I guess if they want they could make a compromise, am I right?

**Mr. Knowitall** · 11-01-2007, 11:17 AM

It isn't unlawful for a landlord to waive a notice requirement if you move within its property, but to require full notice if you move out of its property.

**calowl** · 11-15-2007, 08:33 PM

If you can't negotiate on your own, it might be wise to retain an attorney to write a letter demanding a negotiated move-out. Most lawyers have reasonable charges for a "demand" letter, frequently $100, or less. In the long run. it would probably be worth your while to retain an attorney for that limited purpose.