[Irvine949]

Hello,

I have a bit of an issue here. My roommates and I had a 1 year lease on an apartment with the Irvine Company in Irvine, CA ending May 31st 2007. We decided we would not be renewing the lease and decided to move out. My roommate who took care of everything like paying the rent and dealing with the front office (all of our names are on the lease) told me that he called and informed them that we would not be renewing. This was in late April probably about 45 days out.

So we move out and I go to return the keys and they didn't know we were moving out. The lady then recalls that she tried to call us to see what's up just a few days later but was not able to reach any of us. They couldn't reach me due to a typo in their system. Any how she informs me that she even called a girl that no longer works there to find out what's up with our unit and the lady informed her that we were not renewing our lease. Come to find out this was done via a VOICEMAIL left on the agents phone by my roommate and they did not document it and the agent quit a few days later. They now claim that they thought we were not renewing our lease but going month to month. I can understand that my roommate chose the wrong words to indicate that we are moving out (he should have just said those words).

So now this current agent will be taking our case to the head agent to see what they will do. This really sucks because I've already rented and moved in to another property owned by this same company and thought that this was taken care of. I had no idea my stupid roommate would leave a VOICEMAIL to cancle a lease, who does that? In the past I've simply spoken with the agents and let them know that I won't be renewing and it has never been a big deal.

I understand were probably at their mercy, but what I'm really interested in is what recourse do they have for not giving them proper notice. Will they just sue us in small claims 1 months rent they say we owe them? Will this count as an eviction (We are long vacated) ? Will this in anyway go on my credit if we do decide to fight it? Has any one been through this? Any insight would be greatly appreciated.

I have learned my lesson and will never live with roommates again, and will always give proper notice myself and in writing, what a headache.

[excon]

I had no idea my stupid roommate would leave a VOICEMAIL to cancel a lease, who does that? In the past I've simply spoken with the agents and let them know that I wont be renewing and it has never been a big deal.

Hello Irv:

Relax... You made a mistake. It's going to cost you a few bucks. That's what mistakes in business do. It ain't going to be much - if you handle it right.

It's good you came here, so you can learn how to do it right. In the first place, Irv my friend, giving notice the way you would have is no more legal than what your stupid roommate did. The law (and probably your lease) requires WRITTEN notice. So even if you had "told" them, if they wanted to be jerks, you would still be in the situation you are.

Ok, with no notice, your lease turned into a month to month. Even though you didn't give written notice yet, they know now, and all they can make you pay for is the extra months rent.

It's one month. It's an expensive lesson. You'll get over it.

excon

PS> (edited) Sorry, I didn't answer your question. No, it won't be an eviction. Yes, if they sue you and you lose (and you will), they'll get a judgment, garnish your wages and attach your bank accounts. Your credit will take a big hit too. Plus, they can sue either one of you for the entire amount. Therefore, I'd pay 'em. Or at least I'd make 'em an offer to start the ball rolling. But, you don't have a lot of leverage.