In December 2008, I renewed my lease with my landlord for 1 year. The following month, my landlord decided to put the property on the market as a short sale because he was upside on the loan. The real estate company who I have always dealt with when it came down to the lease and issues etc asked me if I would be willing to leave earlier than the lease if they could not find an investor to buy and keep me as a tenant…I agreed even though I did not have to legally since I was in a lease. May 2009 my employer gives me an offer to relocate out of the area or take a severance package. I email the real estate company to inform them of my situation and I asked if the landlord would be willing to let me out of the lease without penalty or as an alternative and last resort keep security deposit. The agent calls me and advised that it wouldnt be a problem to leave and get security deposit because it would be easier to show property as long as I was out in 30 days. I send a confirmation email tot he agent to confirm our conversation and terms of the agreement which consisted of my moving out of the property by 6/15/09, the landlord pro-rating Junes rent for 15 days and deducting that out of the deposit of $2800, completing a final walk through to return keys and remotes, and leaving property in condition that it was in when I received it.
The agent replies to my confirmation email confirming that the landlord agreed to my proposal.
I move out but realty company declines final walk through (so I took video and photos) and mailed keys via FedEx for delivery on 6/15/09 which FedEx shows they received.
I hear nothing from anyone so I sent a follow up/demand letter for security deposit to the landlord on 7/8/09 and then I get a nasty call from the agent saying they did not agree to return the security deposit and that I broke the lease..they claim the agreement was that I gave up my deposit in order to get out the lease. I reminded the agent of the emails I had and forwarded him copies as proof and he never replies…then I get a letter from the landlord after I filed small claims a week later saying I either drop the case or he will file counter claim for June rent through end of lease and says, "I cant have it both ways".
Is the landlord entitled to keep the deposit even though we had a written agreement (between his agent and myself in email) agreeing to allow breaking of lease with no penalty? Also, I read Granberry vs. Islay Investments, 1995 and it looks like because the landlord didnt send an intemized statment within the 21 day timeframe required by law, he gave up his right to the security deposit.
Would this be considered bad faith to allow for damages and how can I stress this to the judge?
Any feedback/advise suggestions is appreciated.
mommyoftwo53 said:
Jul 22, 09 at 8:05 amIf you have e-mails proving that the real estate agent who was now in charge of everything said it would be okay than I would think it should be good enough to go to court. Also, if he hasn’t sent you a list saying why he’s keeping the deposit (there suppose to do this even if they are saying you broke the lease). I would take him to court and let the judge know of all the problems you have came up with now. If you get any more threatening calls or letters or anything keep them for proof and hopefully you have proof of that video as well.
Landlord said:
Jul 22, 09 at 9:33 amYour biggest problem is not getting anything in writting. Email is not writting and is obliously not signed, there fore unbinding.
He might loose his deposit, but at the same time you will owe rent until the lease expires. The judges in CA will not even read your emails, they are not legal contracts, and only the legal contracts will count.