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rated:
  I need your advice how to deal with property management company and property owner.
Our house lease expires 11/15. And we found new apartment to move in. Original move in day was 14th, but we knew that it could be pushed to 21st.
Before making my last rent payment for the house I asked at property management company what happens if we need to stay few days or a week after our lease expires, and was told that is not a problem I would have just to pay prorated rent for those extra days.
Sure enough our move in date was pushed to 21st. Property management company calculated prorated rent up to 23rd, but when i went to their office to pay, I was told that they contacted the owner and he wants as to vacate the premises by 11/15(when lease expires), no particular reason why.
They apologized, said that their practice is to give everybody extra time to move out, and this is first time owner refuses to do that. 
This house is not on a market for rent or for sale. We always paid the rent 2-3 weeks early. As this is older house it had some thing to be fixed during our lease. And it would always take long time to get anything done. Not working garage door - 3 weeks, not working oven - 4 weeks, leaking roof - 2 weeks, door to the deck glass was shattered by the gardeners 2 weeks ago and is not fixed yet, and so on. So definitely we were complaining that it takes too long to get things done.
My wife is expecting and we have another 2 year old, so moving for a week to the hotel and putting everything to storage does’t look very appealing.
The contract is with property management company and they verbally agreed that we can move out later. But now we are told that the owner can try to go to court for eviction notice.
My question is: if we move out a week later, how would that affect our deposit, credit history or anything else?This is in California.

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rated:
I would insist to the PM that you have a verbal agreement to stay. Pay them the rent and stay.

They can try to evict you for violating the lease but you'll be out before it would get to court. They can't evict you in a week.

They might try to keep your deposit out of spite, but you can sue them for it if its bogus.
Your credit should not be at risk.

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Mail them the prorated check for the agreed upon amount for the rent up to 11/23. Notate the Check as "Prorated rent through 11/23" Send it certified return receipt. If you go to the PO tomorrow you'll have it in their hands on Saturday/Monday the 14th. Then the ball is in their court; they can accept the check or start eviction proceedings. You've got record at that point that you sent the check for the amount they agreed upon.

Super unreasonable on their part; be glad you're moving OP.

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sausuma said:    But now we are told that the owner can try to go to court for eviction notice.
...
This is in California.
LOL. For staying an extra week and offering to pay for it; let him try !

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I am mostly concerned about two things:
Our 1.4k deposit.
Provision in our lease agreament whic states: month to month tenancy shall be crated if landlord accepts the rent from tenant after termination of the agreement. Would that triger month to month rent if i try to pay that protated portion?
And i can not mail a check as they accept just cash or money orders.

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Mail the money order. Keep the stub. Let them deal with it.

Your deposit is for damages not for anything else.

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sausuma said:   Our 1.4k depositDeposits are quite well protected by state law in CA.

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xoneinax said:   
sausuma said:   Our 1.4k deposit
Deposits are quite well protected by state law in CA.

  Might be 'protected' but a real pain to get it back in Small Claims

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THe property manager might help keep your deposit safe. Are the property managers normally scumbags or are they reasonable people to deal with? (hard to say given the situation and the slow repairs) The landlord might want to keep the deposit out of spite. But the PMs are operating the property. THe landlord would either have to fire the PMs or instruct and get the PMs to act illegally on his behalf.

You have a verbal agreement that you can stay. Thats legal. It is not legal for them to force you out without sufficient notice, and given the existing verbal agreement thats in effect what they're trying to do now.

THe landlord is probably annoyed with the PM for authorizing you to sty an extra week. PMs sometimes do stuff you don't want them to without your permission. When my PM does that to me I just have to deal with it. Its not fair to tenants to have my agent tell them one thing then turn around and try and cancel it.

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What's this about verbal agreement? My lease has language that the written lease is above any verbal agreement.
In some cases, a lease may state that the agreement may not be amended by any future oral agreements. Such clauses are not always enforceable in court, particularly if the tenant and landlord made frequent oral modifications to the lease that neither objected to. However, when the lease prohibits verbal modification, it may more difficult to prove that the change in agreement took place.

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sausuma said:    
This house is not on a market for rent or for sale.

So what are they doing with it?

When your lease is up, it's up. It doesn't matter if it's convenient timing for you, nor if there is any other plans for the home. That said, there's nothing they can do to force you out within a week. But if they do start the eviction process, you'll probably be responsible for those costs.

I'm not sure why you are reluctant to just stay in a hotel? It's not like you would be moving in to live there for a couple months, you'd just be staying there for a few nights like any vacation.

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Glitch99 said:   
sausuma said:    
This house is not on a market for rent or for sale.

So what are they doing with it?

When your lease is up, it's up. It doesn't matter if it's convenient timing for you, nor if there is any other plans for the home. That said, there's nothing they can do to force you out within a week. But if they do start the eviction process, you'll probably be responsible for those costs.

I'm not sure why you are reluctant to just stay in a hotel? It's not like you would be moving in to live there for a couple months, you'd just be staying there for a few nights like any vacation.

  My point is that I was promissed extra week if i need it, and I planned acordingly. 
I don't know what are the owners plans regarding the house. But he is being unreasonable. I would understand if he had any plans to move somebody else in or start renovations on that date. But every time property company contact him he just says no and gives no reason. I agree to pay the rent and negotiate extray pay for his expenses because of our delayed move out.
 

rated:
How about you call the place you are moving into and find out if you can move early?

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sausuma said:   
Glitch99 said:   
sausuma said:    
This house is not on a market for rent or for sale.

So what are they doing with it?

When your lease is up, it's up. It doesn't matter if it's convenient timing for you, nor if there is any other plans for the home. That said, there's nothing they can do to force you out within a week. But if they do start the eviction process, you'll probably be responsible for those costs.

I'm not sure why you are reluctant to just stay in a hotel? It's not like you would be moving in to live there for a couple months, you'd just be staying there for a few nights like any vacation.

  My point is that I was promissed extra week if i need it, and I planned acordingly. 
I don't know what are the owners plans regarding the house. But he is being unreasonable. I would understand if he had any plans to move somebody else in or start renovations on that date. But every time property company contact him he just says no and gives no reason. I agree to pay the rent and negotiate extray pay for his expenses because of our delayed move out.

  should have got it in writing.

Doesn't matter what the owners are going to do, or if you're willing to pay prorated rent. A written lease is a written lease, especially if it has language barring verbal agreements.

Also you can do what others suggested and just stay over but I bet the lease has a provision allowing for some fee to be charged in that event.

rated:
sausuma said:   
Glitch99 said:   
sausuma said:    
This house is not on a market for rent or for sale.

So what are they doing with it?

When your lease is up, it's up. It doesn't matter if it's convenient timing for you, nor if there is any other plans for the home. That said, there's nothing they can do to force you out within a week. But if they do start the eviction process, you'll probably be responsible for those costs.

I'm not sure why you are reluctant to just stay in a hotel? It's not like you would be moving in to live there for a couple months, you'd just be staying there for a few nights like any vacation.

  My point is that I was promissed extra week if i need it, and I planed acordingly. 
I don't know what are the owners plans regarding the house. But he is being unreasonable. I would understand if he had any plans to move somebody else in or start renovations on that date. But every time property company contact him he just says no and gives no reason. I agree to pay the rent and negotiate extray pay for his expenses because of our delayed move out.

  First, holding you to the lease terms isn't being unreasonable.  Unless you are one of those people who think rules are just suggestions, and you are entitled to do whatever you want regardless of what you agreed to.

Second, you weren't promised anything - you asked a hypothetical question.  When you went back with an actual request, the request wasn't approved.

Third, what do you expect to happen, anyways?  Just like an eviction against you won't happen in a week, there's nothing you can do to legally force him to let you stay, that will be enforceable before that week has passed.  At this point you either respect the rules and leave, or ignore them and stay.  There really isn't a third option.

rated:
This is simple. While they may have agreed previously to allow the extra days, they are no longer agreeing to it. Your lease agreement likely says that no modification is allowed unless in writing by an authorized party. Even if oral modification is allowed, if landlord chooses to pursue eviction, and if you hold out, you'd be gone 4 days after they filed suit anyway. Therefore the case would be dropped and the damage already done (just the filing of the suit on your record is likely to make future landlords nervous).


In CA, landlord's recourse is:
1. Serve a 3 day notice to quit (move out) if you are still there after the 14th.
So, if not out on 14th they can post 3 day notice on 15th to be out by 17th.
This notice does not negatively impact you on any "permanent" record unless a new landlord asks the old landlord about rental history.

2. If they've done the above, they can file suit on the 18th. This process in CA can take 6-8 weeks to get to court and you'll be long gone so it's moot. The problem is the filing WILL show up on a court records search (along with a dismissal). This wouldn't be positive for future background checks.

Odds are the landlord would not proceed with number 2 if they firmly believe you'll be put in just a couple days. Number 2 will cost them real money (court costs and possible lawyer fees to prepare/serve) which they may or may not be entitled to recover depending on the lease.

That said, here's how I'd proceed.
1. Pack up everything, boxes in the garage ready to go.
2. Go down to their office and pay in person for the extra days (video this encounter). If they refuse, leave it there (state in the video that you are leaving the $400 for rent through the 21st as previously agreed.
3. If they serve you with 3 day notice call and discuss the ridiculousness of them possibly filing a suit with only 4 days until you actually move out. If they agree for you to stay, get that documented in writing.
4. If they won't agree to extending past the 3 day notice, rent a uhaul, load it up, and keep it loaded for 4 days until you can get into the new place. In the meantime, take 4 days at a hotel as a staycation.

In short, it's a game of chicken. Sounds like the property management agrees with you (their vast experience tells them it's the right thing to do and not worth a hassle for just a couple days). They just need to be invented to convince the owner accordingly.

FYI - all your commentary about lengthy repairs is irrelevant to the situation. If you had a legitimate grievance about 4 weeks to repair a stove, the time to address it was back then by documenting it with a certified letter and eventually either withholding rent (If it could be considered a habitability issue) or filing suit. If it was me, I'd have raised holy hell at the time and requested reimbursement for eating meals out.

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forbin4040 said:   xoneinax said:   sausuma said:   Our 1.4k depositDeposits are quite well protected by state law in CA.Might be 'protected' but a real pain to get it back in Small ClaimsYou dont have to go to small claims to get it.
  

rated:
xoneinax said:   
forbin4040 said:   
xoneinax said:   
sausuma said:   Our 1.4k deposit
Deposits are quite well protected by state law in CA.

Might be 'protected' but a real pain to get it back in Small Claims

You dont have to go to small claims to get it.
  

  I did, and the landlord gave 'most' of it back right before I filed. (I showed her the complete paperwork) She claimed the entire deposit for 'cleaning the smoke' and 'changing the carpets' in a smoke free place.

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FYI - all your commentary about lengthy repairs is irrelevant to the situation. If you had a legitimate grievance about 4 weeks to repair a stove, the time to address it was back then by documenting it with a certified letter and eventually either withholding rent (If it could be considered a habitability issue) or filing suit. If it was me, I'd have raised holy hell at the time and requested reimbursement for eating meals out.

  You misunderstood me. That was my guess that he might be upset about our complaints for repairs taking forever and this is his pay back.

My goal is to find reasonable solution and I have no inclination to break any laws or contracts.
I own rental property in a different state myself and never had any conflicts with my tenants. Always ready to negotiate to find acceptable solution. But it is wrong to assume everybody does this way.
 

rated:
sausuma said:   


FYI - all your commentary about lengthy repairs is irrelevant to the situation. If you had a legitimate grievance about 4 weeks to repair a stove, the time to address it was back then by documenting it with a certified letter and eventually either withholding rent (If it could be considered a habitability issue) or filing suit. If it was me, I'd have raised holy hell at the time and requested reimbursement for eating meals out.

  You misunderstood me. That was my guess that he might be upset about our complaints for repairs taking forever and this is his pay back.


 

  You are the one misunderstanding.  All that stuff doesn't matter, he is merely enforcing the contract terms.  Why he isn't willing to let it slide is irrelevant, no matter how much you want to speculate.  You are the one being unreasonable in expecting him to make an exception for you.  It never hurts to try, but "no" is a perfectly valid response.

If you are still hellbent on making him agree, throw more money at him.  There is a price that will convince him to change his mind, although it may be far above what you are willing to offer.  It isn't exactly legal, but you could also try slipping the property manager some cash to pretend you moved out on the right day, and just hope the owner doesn't swing by the house during the extra week you're still there.

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