Early termination of lease

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Lorie3737

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I live in Simi Valley, California ( Ventura County ). I started a 1 year lease to rent an apartment on 2/13/09. I just found out at the beginning of this month that I will be laid off from my job on 11/6/2009. I notified the management company on 9/1/2009 of this via telephone and that I will be moving out since I will not be able to pay rent on 11/30/2009. I sent them a certified, signature confirmation letter on 9/4/2009 stating my situation and that if I dont hear from them in 10 business days of the letter that they agree to let me out of my lease early. It has been past 10 business days and they have not picked up the letter from the post office since they were not at the office to sign for it. I sent another letter on 9/18/2009 thanking them for letting me out of my lease early and they have not picked up that letter either. Would those letter's be submissible in court if they sued me for the remaining months? Is there anything else I can do to help my situation? I feel like the management company is ignoring me, what can i do? Thanks, Lorie
 
You have a lease, they do not have to let you out of it with impunity.

You can always try to use this at trial, but your letters should really be of no consequence. The old, "lack of response means you agree" thing really has little legal foundation in real life.

Perhaps if you go to their office, or speak to them in person explaining the situation, you can work it out. It should be easy to explain. "I won't have the money to pay rent after November. I will have no assets to sue for, either. So, I recommend you let me out of the lease, you can post for a room to rent, and I can prepare to move out. That gives you time to rent the room, I get out of a lease that I cannot afford, and we both come out where we want to be."

After all, they won't be getting money from you after November anyway.

They won't like it, but if you keep the argument realistic, they may well grumble and grouse but let you go. I suspect you will lose any deposits you left on the apartment, but maybe you can negotiate that away for them alloing you to get out of the lease a few months early.

- Carl
 
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