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Please help Breaking a Lease

Discussion in 'Rental Agreements & Subleases' started by Sara Reckner, Nov 3, 2019.

  1. Sara Reckner

    Sara Reckner Law Topic Starter New Member

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    So I moved in with a lady with my 4 kids the agreement was that she was going to be moving out in December and I would take over the apartment because she would be coming back in 5 months or so and she would like to rent a house so she asked me no matter what to keep up rent I have payed the rent for October and November now the rent is 650 and I have payed 650 both times and the pg&e bill also now it is November 3rd come to find out she put her 30 days notice in she did not inform me of this and she did not give me a written notice to me and as I said I have payed full rent for both months now and she is still here she is saying the reason for her to put in her 30 days notice ( being she need out by December 1 ) is she wasn't he deposit back I was not informed of this she changed her mind with out even telling me she was and I have 4 kids and we have NO where at all to go come December 1st I want to know what are my right I do have the receipts that I have payed her also
     
  2. mightymoose

    mightymoose Moderator

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    Is this with the permission of the landlord? Doesn't sound like it.

    Ok, so the landlord didn't know about you but will soon enough. Her 30 day notice doesn't force you out. The landlord will have to evict you. Better for you to find another place to live before that happens. You won't be able to stay long unless you convince the landlord to allow you to stay. You do have more than 30 days though, if needed.

    Based on what you have said you are not required to move out by December 1. Do yourself a favor and contact the landlord. If the landlord is agreeable you might be able to start a new lease and stay put. If the landlord prefers to have you out it will take more than a month to do it legally.

    You are unlikely to recover any rent you paid.
    .
     
  3. Sara Reckner

    Sara Reckner Law Topic Starter New Member

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    So I should just got to the landlord tellh the agreement and no matter what if they choice for me to be out then they have to give me a 30 days notice right and as far as her she finds out I went to the landlord she can't tell me to get out right now can she
     
  4. Sara Reckner

    Sara Reckner Law Topic Starter New Member

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    Because am sure she is going to be upset when I go to the landlord
     
  5. Sara Reckner

    Sara Reckner Law Topic Starter New Member

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    And would getting and attorney help me at all
     
  6. mightymoose

    mightymoose Moderator

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    The landlord won't care about the agreement and doesn't have to honor it. The point of going to the landlord is to come clean, inform that you are currently in the house, have paid the last two months yourself, and ask to begin a new lease.

    No. Legally the landlord has to have you evicted. Do a little research to become familiar with that process so you know what to expect.

    She can ask and she can demand but you do not have to comply. You don't have to leave until a judge orders you to, but you don't want it to come to that. If the landlord is not agreeable get out as soon as you reasonably can.

    Probably, because allowing you to move in was likely a violation of her lease and could cost her any deposits.

    Not likely. Either secure a new lease or get out. If you are forced out unlawfully then consider getting legal help.
     
    justblue likes this.

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