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legalgems, attorney
Category: CA Real Estate
Satisfied Customers: 10012
Experience:  Just Answer consultant at Self employed
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I have lived here at my apartment for 3 years, there is a 60

Customer Question

I have lived here at my apartment for 3 years, there is a 60 day written notice clause to terminate your lease otherwise it's automatically renewed.
If you transfer to another unit in the structure, it goes to 30 days.
Three different managent employee's have texted and emailed me, informing me that there is really no rush and that they will backdate the form once we choose a unit.
We went and applied , got accepted on the credit app.
So they have given us a date of nov 8th as our move in.
So know the main manager steps in and changes our move out date on the unit we are vacating to nov 29th trying to squeeze us for an extra 16 days of rent on the old unit.
If you provide me an email address I will send you the texts and emails from the management staff.Is it not conspiracy to commit fraud, backdating a legal form
Submitted: 9 months ago.
Category: CA Real Estate
Expert:  legalgems replied 9 months ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 9 months ago.

Yes it is fraud to backdate an agreement unless the parties agree to it and it does not affect any third party's rights.

If the tenant gave the requisite 30 day notice, then that is binding on the landlord and the LL cannot unilterally change the lease. Rather the tenant will be permitted to move out on the original date, unless the tenant agrees to the change.

If the LL does withhold additional rent from the deposit, the tenant can sue for recovery and the court can award the tenant attorney fees.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 9 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.