Legal Question in Landlord & Tenant Law in California

I am a student from the University of California, Riverside and I signed a lease agreement with the palms university back in March for a single bedroom in a 4 bedroom apartment complex. They stated that I must get a guarantor to sign the contract as well for my lease to be complete. I was not able to get a signature but they have continued to charge me for the rent and they expect me to move in soon. It is clearly stated in the lease agreement that " YOU MAY NOT OCCUPY YOUR APARTMENT UNTIL THE LEASE AND ANY REQUIRED GUARANTY OR OTHER DOCUMENTS HAVE BEEN COMPLETELY EXECUTED AND DELIVERED TO US." I have told the people there that I cannot move in because of certain circumstances that have arisen throughout the year, but they keep on telling me there is nothing I can do. They will simply continue charging me rent even though I do not move in, and the dues will be sent to collections. What can I do?


Asked on 9/05/11, 3:56 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Send them the following [proof read]; if i am wrong as to any of the facts, tell me and do not send the below to them:

GEORGE H. SHERS SBN 54546

LAW OFFICES OF GEORGES H. SHERS

4170 GLENWOOD TERRACE, SUITE #1

UNION CITY, CALIFORNIA 94587

(510) 441-2684; [email protected]

September , 2011

{fill in their mailing address and e-mail URL]

Apartment owner/Manager:

Mr. [your name] has requested legal advice from me as to the situation of his renting a unit in your complex. As I understand the facts, and please correct if I am wrong, he wished to rent a single bedroom and you accepted him subject to his getting a guaranty to co-sign the lease. He attempted to do so but was unable to. Other reasons also developed as to why he could not proceed with the rental contract, but they are secondary and subsequent to his inability to find a co-signer.

The lease states

YOU MAY NOT OCCUPY YOUR APARTMENT UNTIL THE LEASE AND ANY REQUIRED GUARANTY OR OTHER DOCUMENTS HAVE BEEN COMPLETELY EXECUTED AND DELIVERED TO US.

On numerous occasions he has informed you that he can not meet your requirements for renting the unit and has been told that was irrelevant and he would be continued to be charges and past due amounts will be sent to collections. As with most college students, he has little in the way of assets so is basically judgment proof.

California contract and landlord /tenant laws are very clear that the individual(s) who make these statements to him are unaware of the applicable law. The agreement to rent was made by your agent contingent upon a guarantor co-signing the lease; Mr. tried his best to obtain such a so-signer but was unable to. Thus, no binding contract exists; you were not obligated to rent a unit/bedroom to him and he was entitled to rent one from you. It is the same situation as if he had applied for a mortgage but the bank required his parents to co-sign for the loan and they would not; no binding agreement exists. If you wanted him bound to rent a bedroom you should have told him you were waiving the guarantor requirement before he said he could not fulfill the agreement. Since he owes you nothing, if you send his alleged debt to collections you would be entitled to collect nothing and he could get a judgment against you.

Moreover, when a landlord is informed that a tenant will not be moving in, or is leaving before the lease ends, the landlord must attempt to mitigate his damages by trying to rent out that unit. It does not seem you have made any effort to do so.

Your continuing to threaten him with a debt he does not owe is a civil wrong. Unless any of the salient facts stated above are very incorrect, please immediately stop doing so and inform him in writing that there is no binding agreement and he owes you nothing.

yours,

George H. Shers, Esq.

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Answered on 9/05/11, 6:35 pm


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