Legal Question in Credit and Debt Law in California

Collections after renting

Hi,

In 2002 I rented an apartment with a friend in Los Angeles, Ca. We did not sign a lease due to management changes within the company. Property Management then increased our rent three times during the course of five months. We moved out five months later. The PM company then placed a collection on my credit report for the remainder of the years rent. I was under the impression that we were month to month and by giving a 30 day notice to vacate was sufficient enough to move out. What is the default law in California when you do not have a signed lease? And how do i get this mark off my credit report?

Thank you.


Asked on 8/23/07, 2:49 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Collections after renting

A tenancy for years must be in writing and have a stated beginning and ending day to be legally enforceable. Otherwise, the lease that is created would be a month to month rental agreement only, by default. Thus, if this is the case with your rental, a 30 day notice would suffice legally, and you would not be liable for the remainder of the year in lease payments. Further, the burden of proof is on the creditor at issue, to prove otherwise or else promptly remove the negative marks from your credit reports. If you would like our Law Firm's assistance herein, email us with your request.

Read more
Answered on 8/23/07, 2:59 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California