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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Default Landlord Destroyed Lease Signed by Tenants but Not Yet in Effect

    My question involves landlord-tenant law in the State of: California

    So this is kind of a long story, but I'll try to keep it as short as possible!

    This past year I have been living in an apartment complex on a promotion for a price of $1220 for a 4 bedroom 2 bathroom unit ($305/person). I went in to renew my lease in December and found out that our rent would be going up to $1600 ($400/person). Just recently I found out my 3 roommates are moving out at the end of the lease. So I went in to the main office and asked if I could keep the promotion price if I found 3 roommates to fill the spots. The worker in the office said that would be fine as long as I renewed the lease by May 27th (although they made an exception and allowed us to sign on the 28th).

    Finally May 28th came and we signed the lease that stated the $1600 price, but the manager/landlord was out of town at the time and therefore had not signed. Out of relief and stupidity, we forgot to ask for a copy of the lease.

    A few days after signing the lease, I received a phone call from one of the workers saying that the manager never approved of our lease and we are not going to get the $1600 price. I went in to ask for a copy of our lease to have as evidence that stated the $1600 price. The manager then came out and told us that she never approved and that we have two choices: pay the normal price or move out. I asked if we could have a copy of our lease anyway, and she said that our lease was void and that she shredded it.

    Sidenote: the lease would not be in effect until August 7.

    Was it legal for her to destroy our lease since it was not yet in effect and since she never signed it? Is there any legal back up we could use against her?

    Sorry this was so long! Thanks so much for reading/helping!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Landlord Destroyed Lease Signed by Tenants but Not Yet in Effect

    Sidenote: the lease would not be in effect until August 7.
    the lease is in effect the moment it is ratified by all parties regardless of when the move in date is.

    If you don't have proof of the lease or anything on it, while you can make all the claims you want, I don't see how you would prove any of them.

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