Is an agreement to vacate an apartment not upheld by Landlord a Breach of Contract?

Asked over 1 year ago - Northridge, CA

Me and my daughter moved out of our apartment in Woodland Hills. The landlord took us to court and agreed to let us out of our lease and for us to owe only like $3,000 after our $500 deposit. However, after me and my daughter moved out with literally no where to go for me, I have since been getting these harassing phone calls for a $4,500 amount that I did not agree to in order to move out. They did not take care of repairs when we were in the apartment, and we told them that were unemployed, and me and my daughter have been making the $200 a month payment that we agreed to for the $3000 amount, but I am trying tofigure out what is my recourse.

Attorney answers (2)

  1. Brad S Kane

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . If you have a written settlement agreement with the landlord, you should make sure you keep a copy and send a copy of the settlement agreement to whoever is calling you. If the settlement agreement was put on the record in the court, you should contact the court about how to get a copy of it. If the settlement agreement was orally entered on the record in court, then it is binding and enforceable. It might also be entered in the Court's records as a minute order, so you should check on that.

    If a collection agency is calling you, you should ask them in writing to "validate" the debt, which requires them to get information from the landlord.

    Finally, below are links for assistance with:

    Landlord Tenant Issues

    http://lawhelpca.org/issues/housing/landlord-an...

    Homelessness

    http://lawhelpca.org/issues/housing/homelessness

  2. Eric Dobberstein

    Pro

    Contributor Level 6

    1

    Lawyer agrees

    Answered . Sounds like you have a verbal contract. You will probably have a difficult time in proving such. You also sound like you may have other issues regarding the habitability of the apartment. Please contact your local state bar office and see if they can refer you to an attorney who will help you on a pro bono basis.

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