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  1. #1
    Join Date
    May 2005
    Location
    Los Angeles
    Posts
    3

    Default Does The Lack Of A Lease Equal A Monthly Agreement

    Hi all,

    I have lived in an apartment building in Los Angeles for the last 2 years. For the first year, I was on a lease and when that lease was up, I moved to another unit in the same building. A new lease for the new unit was never signed by me or the management company. In fact, the management company returned my security deposit and never asked for a new one.

    I would like to move out of the building now. The management company says that I would be "breaking" my lease but there isn't one to break. They contend that the new unit's unsigned lease would expire on July 1, 2005, which is true; I contend that with the absence of a signed lease that our rental agreement became month-to-month.

    As such, I tried to give 30-days notice to move out on June 16 and the on-site manager berated me and threatened all manner of nastiness on my credit report. Who is right here? Do I have a legal leg to stand on? Can they put undesirable things on my report? Any advice on how I should proceed?

    Thank you for any help you can provide.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Landlord Issues in California

    They're making no claim that the original lease somehow applies? Are they claiming a one year oral lease for the new apartment, or oral affirmation of a one year lease?

  3. #3
    Join Date
    May 2005
    Location
    Los Angeles
    Posts
    3

    Default

    The original lease was terminated on July 1, 2004 because the person that was on the lease with me moved out, which is why I moved into another smaller unit in the building.

    It's hard to really get to what they are claiming because they got very defensive and aggressive with threats. I think they are claiming that there was an oral agreement though I don't ever remember hearing, "You'll stay here for one year," and me saying "yes."

    In addition, they say that since it is company policy not to give month to month leases, that they wouldn't have let me move into the new unit w/o an agreement to a 10 month or a one year lease.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Quote Quoting movingout
    In addition, they say that since it is company policy not to give month to month leases, that they wouldn't have let me move into the new unit w/o an agreement to a 10 month or a one year lease.
    Well, then, wouldn't a ten month lease be up at the end of May?

  5. #5
    Join Date
    May 2005
    Location
    Los Angeles
    Posts
    3

    Default

    That's what I said - the ten month lease being up in May - but they say that if it were a ten month lease, that they wouldn't have rented it for the discounted rate. That part is true: the market value of the apartment is $1000. They charged only $850. Get this, they then pulled out a calculator to calculate how rent I would owe if I wanted a ten month lease!

    Is there anything can be done to get out of this nasty situation without incurring the wrath of the management company? Without a written lease, can they do all of the nastiness that they claim?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Oral Lease

    An oral lease of one year or less is probably enforceable, if they can prove its terms. If you admit that this was a one year oral lease, you're stuck with it. If you do not, then it becomes an issue of proof. (But you would have to consider if you want to battle this out in court.)

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