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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default Apartment Manager Refuses to Accept Notice

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

    In California: My apartment lease expired in may of 2008. We were going to sign a new lease but the neighbors drug and gang activity became to unbearable for our family. We could not even step out onto our porch without them trying to cause trouble and fight. We were scared. We had made several complaints as did others. We decided to move.

    I dropped off written notice on October 3, 2008 in the overnight box, just as I did when we moved from apartment to apartment. Within 2 weeks the current apartment manager quit and left. A new apartment manager took over towards Octobers end who we never even knew was there until November 4, 2008. This is the day my husband and I went to turn in our keys. The new manager refused to accept them saying that we never gave notice because nothing was in our file. I offered to give a copy of the letter I had dropped off and she would not accept it. She wanted to see the one that should have been put in our file. She told us to come back the next day. We returned on 11/5/08 to once again turn in our keys. She would only accept it if we signed a 30 notice form she provided with the date of 11/5/08. We signed the form in contest, otherwise she would not take the keys, but I did note on the paper that I had given written notice on 10/3/08. We told her we had to move because we were worried about our safety and our kids safety because of the drug activity and gang neighbors and we found a house to rent in a safer neighborhood.

    We waited for a letter of itemization of deductions from our apartment. Nothing ever came. Then, 70 days after we moved out (not 21 like CA law requires) on 12/30/08 We get a letter stating we owe $757.13. We drove to the apartments and questioned the new manager. She states it is for rent owed in addition to keeping our $500 deposit. I asked what happened to getting an itemized statement upon 21 days of move out and she said it was corporate's responsibility but she would give me a copy of what she had on file. We left and went home to review the statement. The dates and information is incorrect. we vacated the apartment 11/4/08 but it states 11/12/08 and states we moved because we bought a home- not because our safety was in jeopardy.

    In fact, a few weeks after we moved out those neighbors had a shoot out on my old apartment porch and one died. Everyone else who stayed behind was offered full refund of deposit and a waiver of 30 days notice.

    I decided to send a letter and demand payment for security deposit since I feel we were unjustly being held liable for those last additional 30 days they made us sign. They had 10 days to respond. 15 days later (today) I get a certified letter from them stating I owe them $757.13 and that they notified me 3 times in writing. That is not true, another lie. The only letter I ever got was 12/30/08.

    Do I have a case to sue? I would rather them say we are even but that is not going to happen. The new manager made us sign that letter of 30 days or would not accept the keys. She refused to accept that I gave notice the same way the Original manager a few years back had me give notice when I moved from a 1 bedroom to a 2 bedroom. Please help. They are threatening to send me to a collection agency.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Apartment Manager Refuses to Accept Notice

    If you believe your landlord owes you money, due to its failure to acknowledge properly submitted notice, present your case in small claims court. The judge will make a decision based upon the evidence you and your landlord submit.

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