My husband and I rented a home in March of 2009. We moved out of the home on September 17th but continue to pay rent till the end of October. Initially I had told the landlord (former marine and judge advocate) that my husband had orders and that I wanted to give 30 days notice. I misunderstood my husbands just going away for awhile to PCSing. Nevertheless, it was approx 2 weeks of going back and forth with the landlord stating that I was waiting on orders that my husband was in the field and unreachable. He continued to write threatening emails. The last email was threatening persecution for me and my husband. Upon my husbands return I was so scared that I asked my husband to move me and our three little girls away from that house. This man terrified me. He did not threaten bodily harm. So that's what my husband did. We moved into a home aboard the base and my husband left on ship for thirty days. This landlord contacted my husband's command and has continued to send threatening emails. He also put a notice on the door to enter and did so at 10:50 p.m. I know this because he set off the ADT alarms and has admitted to enter the property on that date. He also entered the property without notice and took photos of the inside of the house. Please keep in mind that we had personal items still in the home and we are still currently paying rent. I had the house professionally cleaned and the carpets professionally cleaned. I sent him the receipts and a letter stating that we were relinquishing possession of the property and that he is to send an invoice of damages to our PO Box. This was 6 days ago. Now, I have heard nothing and the house is still not currently listed for rent. My question is how long does he have to relist the property for rent? He states that he is keeping our security deposit for his time and trouble checking on the house...can he do that? The property was looked after daily and was also securied by ADT. If he takes us to small claims do we have a case?
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Help! Broke lease in CA
- Thread Starter saraNca
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jharris352
New Member
I am generally in favor of and like ex-Marines and a Judge Advocate should have a better disposition. I suppose it takes all kinds to ruin the world.
In any case, he can wait till hell freezes over to re-rent the property if he wants to but you aren't liable for the rent. I hope you gave him notice in writing, although his repeated emails are evidence enough that he had "constructive" notice. (In other words they prove he had notice even if you didn't do it in writing.)
He had no right to enter your apartment without notice but you have no damages to argue about. I hope you took pictures of the apartment so you can prove no damages when this Twit wants to sue you. Be certain he will sue you because he is some JA and you are "grunts." I wish I was barred out there I would fly out just to represent you against this jerk.
Your best bet is to keep your cool, keep your receipts, pictures, emails and such. When he either sues you and/or tries to keep you security deposit then go to court. I would sue him if he keeps your deposit.
The Judge will see right through him. Don't worry. Of all people who should be sympathetic to your life it should be this turkey. Good luck.
In any case, he can wait till hell freezes over to re-rent the property if he wants to but you aren't liable for the rent. I hope you gave him notice in writing, although his repeated emails are evidence enough that he had "constructive" notice. (In other words they prove he had notice even if you didn't do it in writing.)
He had no right to enter your apartment without notice but you have no damages to argue about. I hope you took pictures of the apartment so you can prove no damages when this Twit wants to sue you. Be certain he will sue you because he is some JA and you are "grunts." I wish I was barred out there I would fly out just to represent you against this jerk.
Your best bet is to keep your cool, keep your receipts, pictures, emails and such. When he either sues you and/or tries to keep you security deposit then go to court. I would sue him if he keeps your deposit.
The Judge will see right through him. Don't worry. Of all people who should be sympathetic to your life it should be this turkey. Good luck.
Gail_in_Georgia
Moderator
The Soldiers and Sailors Civil Relief Act (SSCRA) does allow active duty members of the military to terminate a rental lease with 30 days written notice. Often a landlord will require a copy of the orders indicating the deployment is a certain number of miles from the rental property. An oral notice is not acceptable. You did provide this information in writing, correct?:
http://www.military.com/benefits/legal-matters/scra/lease-termination
I suspect your landlord threatened prosecution...not persecution...when he did not receive these orders.
Your landlord did provide notice (i.e., by notifying you at your last known address; the rental property) that he was entering the property. As long as appropriate notice is given (typically 24 hours unless this is for an emergency), a landlord can enter the rental unit.
In California a landlord has 21 days to return a security deposit/information on the status of such.
Gail
http://www.military.com/benefits/legal-matters/scra/lease-termination
I suspect your landlord threatened prosecution...not persecution...when he did not receive these orders.
Your landlord did provide notice (i.e., by notifying you at your last known address; the rental property) that he was entering the property. As long as appropriate notice is given (typically 24 hours unless this is for an emergency), a landlord can enter the rental unit.
In California a landlord has 21 days to return a security deposit/information on the status of such.
Gail
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