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Posted by dan seta on December 03, 1996 at 20:27:30:

We decided two days after moving into a place that it was way too loud
and that we would have to break the lease. We informed the landlord of
this and helped them show the place to prospective tenants. They have
re-rented the apartment, but we got a matter of fact letter from their
attorney indicating that all of our security deposit has been used in
finding new tenants, and that furthermore, should the replacement
tenant not work out, we are still responsible until the end of our
lease. As far as I can tell, they have set up an assignment or a sub-
lease; either one without our consent. Further they have not satisfied
the requirements of California Civil Code 1950.5 which directs them to
itemize any deductions from our security deposit within 21 days of our
vacating of the premises. We never would have agreed to an assignment
without novation, and certainly would not have agreed to such a sit-
uation without at least meeting the prospective tenant. If this is
anyone's area of specialty, please let us know if we are on target
regarding this matter. Thanks in advance for your help.

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• Re: breaking a lease TenantNet 12/07/96 (0)

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Comments:
: We decided two days after moving into a place that it was way too loud 
: and that we would have to break the lease. We informed the landlord of 
: this and helped them show the place to prospective tenants. They have 
: re-rented the apartment, but we got a matter of fact letter from their
: attorney indicating that all of our security deposit has been used in
: finding new tenants, and that furthermore, should the replacement 
: tenant not work out, we are still responsible until the end of our
: lease. As far as I can tell, they have set up an assignment or a sub-
: lease; either one without our consent. Further they have not satisfied
: the requirements of California Civil Code 1950.5 which directs them to
: itemize any deductions from our security deposit within 21 days of our
: vacating of the premises. We never would have agreed to an assignment
: without novation, and certainly would not have agreed to such a sit-
: uation without at least meeting the prospective tenant. If this is
: anyone's area of specialty, please let us know if we are on target
: regarding this matter. Thanks in advance for your help.


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