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    hotchoco801's Avatar
    hotchoco801 Posts: 11, Reputation: 1
    New Member
     
    #1

    Dec 10, 2010, 05:03 AM
    I broke my lease and got a bill problem.
    Hi, I took 15 month a.p.t lease in mira loma in CA. and I gave them a 30 days notice and signed on all papers.
    When I ask about early termination fee, they said that you may pay only 500$. Because of they usually posted vacancy on website for rerent. And people usually come to move in according to their comment. Or if anybody move in our vacancy, you have to pay one month rent which is 1325$.
    But no one move in yet by notice of move-out. And I talked to manager in person and she said that I have an option which is
    " MY LEASE CONTAINS AN EARLY TERMINATION OPTION ADDENDUM AND I ELECT TO EXERCISE MY EARLY TERMINATION OPTION: ( ) YES ( ) NO " ON NOTICE OF TERMINATION FORM.

    At the moment, she said that you can pay 1325 $ now or if you don't have money, we will bill you by mail and you can set up payment plan. (I can pay separately if I can't pay one time.)

    And I got bill today, and bill came 2669,52$. This is totally wrong bill. I can't wait to call them to ask and complain. But have to wait till tomorrow.

    And in addition to, we had 15 month lease and we only lived for 3 months and move out.
    Our unit was clean and nothing wrong, even I cleaned out and vaccumed things before move out. But they charge 2 broken door.
    Which is 180$.
    During inspection, I wasn't there. They said that I don't have to be there. And we thought everything's fine and never expected this happening. Because there were not broken doors thing. Everything looked new. We only lived for 3 months.

    Don't know how to handle this. About broken doors, I didn't take any pictures. So I can't prove them. And they already fixed.

    Big problem is bill! Can't agree that. I and my husband got mad at this. I will call tomorrow to find out.

    But please give me an advice. Please...

    I can email you with papers.

    This is summary.

    We took 15 months lease.
    And move out after 3months living.
    They said 1325$ bill for termination fee.
    But bill came 2669.52$ today.

    Estimate / actual move-out charge bill about inspection : replace 2 broken doors $ 90.00 ( each 90$ I think)
    Apartment clean $ 110
    Carpet clean $ 85
    Painting wall costs $ 185
    Total: $ 470

    Lease begins 8/28/2010
    Lease ends 11/27/2011
    Move in 08/28/2010
    Notice 11/3/2010
    Move out 11/29/2010

    Base rent 1325$

    On hand: base rent 44.17 $
    Security deposit 600$

    Balance due: charge through 3days 176.67
    apt. clean charge 110
    Carpet clean 85
    Paint charge 185
    Estimated rent damage 2650
    Total : 3206.67$

    New charge- final bill (electric, trash) 107.02

    Total deposit 600
    Total prepaid 44.17
    Applied to due 537.15
    Applied to other 107.02

    Due property 2669.52 $

    Today is 12/10.2010.

    About addendum to rental agreement early termination option.

    " resident shall pay to landlord a termination payment in the amount of one thousand three hundred twenty-five and 00/100 dollars(1325$) (THE TERMINATION PAYMENT)"

    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 10, 2010, 05:10 AM

    Did you pay the November rent? Were you required to give a 30 or 60 day notice? Has the apartment been rented yet?

    Its possible that, since they still didn't have a renter for December they are charging you for that month as well as the early termination fee.
    hotchoco801's Avatar
    hotchoco801 Posts: 11, Reputation: 1
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    #3

    Dec 10, 2010, 05:34 AM
    Yes, I did already. And they required to inform 30 days notice. So, we gave 30 days notice. Rent hasn't rented yet.
    o.k.
    We gave them notice in 11/03/10 and going to move out in 12/3/10
    But we moved out 11/29/10 and we signed for move out date 12.3 so we have to pay dec,rent (one month) + 3days prorate= it's about 1457$.
    When I moved out 11/29/10, I talked to manager and she said you need to pay 1457 $ but if you can't pay now, we mail bill to you and you can call to number below letter to set up payment plan. ( I said I can't pay one time, she said you can pay split without any interests or hinding fee)

    And 12/10 today I got a bill. Which is 2669.52 $

    So, I mean I know we have to pay December rent. And even shown proof of this paper.

    "resident shall pay to landlord a termination payment in the amount of one thousand three hundred twenty-five and 00/100 dollars ($1325) the termination payment.

    Thanks for reading and reply first.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Dec 10, 2010, 05:52 AM

    Ok, so they are charging you $1457 for Dec, plus $1325 penalty That's $2782. Plus $470 for move out costs brings the total to $3252. Subtract your deposit and it comes to $2652 which is pretty close to what they are billing you for.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Dec 10, 2010, 06:15 AM
    Quote Originally Posted by hotchoco801 View Post
    and I got bill today, and bill came 2669,52$. this is totally wrong bill. i can't wait to call them to ask and complain. but have to wait till tomorrow.
    but please give me an advice. please....
    Hello hot:

    In terms of California law, the bill ISN'T the issue. WHEN you received the bill, and WHAT was included in the bill IS the LEGAL issue. In California, within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice.

    If the landlord DIDN'T do that, then it doesn't matter WHAT was in the bill - you're going to WIN on the deposit issue. So, please tell us the date you received the "bill".

    excon
    hotchoco801's Avatar
    hotchoco801 Posts: 11, Reputation: 1
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    #6

    Dec 10, 2010, 06:21 AM
    Comment on ScottGem's post
    No, I'm not saying that way. Manager said if rerented our unit for dec, we don't have to pay any termination fee. But no one rented yet. So she said we need to pay one month rent for dec. that is all we have to pay.
    hotchoco801's Avatar
    hotchoco801 Posts: 11, Reputation: 1
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    #7

    Dec 10, 2010, 06:23 AM
    Comment on ScottGem's post
    It's wrong paying December rent and another termination fee. Not that way.
    Manager said 1457$ and that was it.
    I know figures. With this issue, I can't sleep now. I'm so angry about that.
    hotchoco801's Avatar
    hotchoco801 Posts: 11, Reputation: 1
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    #8

    Dec 10, 2010, 06:27 AM
    Comment on excon's post
    Thanks for reply. You make my pain relieve. I got the bill today. 12.09.2010.
    What I'm furious about is we never broke any doors. It was new. You think we can handle that issue too? I'm soooo mad. And my hubby too..
    It's really fraud!!
    hotchoco801's Avatar
    hotchoco801 Posts: 11, Reputation: 1
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    #9

    Dec 10, 2010, 06:29 AM
    Comment on excon's post
    If we predit this will happen to us, we were there during inspection. But we think everything looks so perfect. So never worry about this fraud.
    They never call or anything about broken doors. Just bill to us about fixed doors.
    hotchoco801's Avatar
    hotchoco801 Posts: 11, Reputation: 1
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    #10

    Dec 10, 2010, 06:31 AM
    Comment on excon's post
    Who can know if they fixed or not. What do you think about this issue too?
    We're going to complain this too...
    Anyway even if we still have time to fix, how can they say differently like this... if can, want to sue. So annoying.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #11

    Dec 10, 2010, 06:52 AM
    Quote Originally Posted by hotchoco801 View Post
    who can know if they fixed or not. what do you think about this issue too? we're going to complain this too... anyway even if we still have time to fix, how can they say differently like this...if can, want to sue. so annoying.
    Hello again, hot:

    Well, if I had paid attention, I would have noticed that 21 days could NOT have elapsed between the time you moved out and when you received the bill. Sorry about that...

    But, there's still HOPE for you. INCLUDED in the bill, there MUST be a list that itemizes each amount spent, the time that was spent, the hourly rate, the name and contact information of the person who did the work, and what was done. The "bill" also MUST be accompanied by receipts and other documentation showing exactly where the money went.

    If the "bill" didn't include that information, you're going to WIN on the deposit issue, EVEN if you didn't take pictures... DID the bill meet the legal requirement??

    excon
    hotchoco801's Avatar
    hotchoco801 Posts: 11, Reputation: 1
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    #12

    Dec 10, 2010, 02:08 PM
    Comment on excon's post
    Hi, about list of bill, there was only itemized each amount spent, not hourly rate. I can't see who inspect also. Actually, I called them to ask. And they said I can talk about this only one person who did this work. She's off now.
    hotchoco801's Avatar
    hotchoco801 Posts: 11, Reputation: 1
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    #13

    Dec 10, 2010, 02:13 PM
    Comment on excon's post
    There was no name who did work for inspection and hourly rate things.
    And we have many doors at home. And there was no saying anything about that which door was broken. I called them. But they said I can only talk with financial manager.
    hotchoco801's Avatar
    hotchoco801 Posts: 11, Reputation: 1
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    #14

    Dec 10, 2010, 02:18 PM
    Comment on excon's post
    She's also person who talked with me before I got this bill. So I think she's the right person. But so mad. How could she do this,. she's available on Sunday. How can I wait till then?
    hotchoco801's Avatar
    hotchoco801 Posts: 11, Reputation: 1
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    #15

    Dec 10, 2010, 02:19 PM
    Comment on excon's post
    Anyway, their attitude is so different time we lived there and move out.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #16

    Dec 10, 2010, 03:43 PM

    Hello again, h:

    I'd WAIT till your total obligation has revealed itself.. Then I'd subtract what is DUE you, pay the rest and let them sue you. Talking to them will do NO good. If they don't know the law by now, you're not going to teach them.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #17

    Dec 10, 2010, 04:18 PM

    First, please don't use the comments feature for follow-up, Use the Answer options instead.

    Any verbal agreement you had with the manager is not going to hold up against the terms of the lease.

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