[marquisdesade]

Hi all,

My roommate and I are in a bit of a spot with a California (Santa Clara county) apartment management. We took over the 1-year lease of a previous tenant for the last 3 months (May -- July) for our internships here. The management required us to sign a lease where they added our names on to the lease (in addition to the name of the previous tenant). Although we had mentioned multiple times (verbally) to the management that we have to leave the state after July, our lease was drafted with a clause that stated this:

"... and automatically continuing after termination [of the 3 month period] thereof on a month-to-month basis unless either party notifies the other party in writing at least 30 days prior to the termination of the 3 months... '.

And, unfortunately, we signed this.

Now, I do not wish the management to lose money because we did not notify them, but we feel cheated because the people at the office knew that we were leaving and yet did not draw our attention to the 30-day notice requirement in the lease. At this point, they are asking us to pay for the next month as well, and also to split the amount between my roommate and I (although the original tenant's name is still on the lease).

I would accept that we are screwed, but I believe we have a few points in our defense.
- The management did not give us a copy of the lease ever. By California civil code 1962, they are required to do so within 15 days (and not on explicit request).
- The lease execution was done in all of 5 minutes, with the person hurrying us through the signatures without explaining each item to us (details of rent, etc. were decided by phone).
- California county laws are known to be tenant-friendly.

So my question is: Is there any leverage I can use to not have to pay this amount? The monthly rent is a significant amount ($1700), but we're willing to forego the security deposit ($500) if required. If it comes to a case, our only problem is that there is no proof that they did not give us a copy of the lease (while they have proof of us signing the lease).

[N0help4u]

They are not required to 'draw your attention to' it is up to you to read contracts before you sign them and question anything you do not agree with. When somebody tries and rush you through a contract you tell them you haven't read it yet to sign it. Then they back up a bit and give you that time. People giving you a contract to sign often do tend to try and rush you through it.

You can challenge them on the code 1962 and all that you feel is in your favor but I don't know if it would be ruled in your favor.