A: The title for your questions should be "When Good Tenants Go Bad." Or so your former landlord would probably say.

When you signed the lease with your former landlord, you entered into a legally binding contract that stipulated - essentially - that you would stay and inhabit the apartment for six months; you would pay a certain amount of rent on a certain day each month; and that you wouldn't turn the unit into a PCP lab, or install indoor irrigation. You know...the basics.

Concurrently, the landlord agreed that he or she would not let the unit out to someone else; he or she would not raise the rent in the middle of the lease (not unless the lease so provided); and that your neighbors would not conduct Tae Bo classes at 3 AM.

So far, so good. We have the elements of a contract: parties able to enter into an agreement, the subject matter of the agreement, consideration (or, as civilians like to say "money"), and fairly definite terms - including the duration of the leasehold estate. And, we have the lease - which lawyers amongst us like to call "the writing." Why? I don't know.

And now, you want to act like the lease can be shredded like so much wheat. Boo! I agree with your landlord: if you walk away from a contract, you take your chances.

However, before your landlord can do any/all of what he or she threatens to do, he or she must sue you for breach of the lease, and obtain a judgment. Sounds like they haven't done that yet - I'm just going on the facts as you present them.

Therefore, I'd do one of two or three things: First, I'd survey the damage. It appears that you may be liable to the landlord for four months' rent, maybe even more. (If the landlord wins a suit, he or she could recover all the unpaid rent, with interest, and tack on costs of prosecuting the suit, and any damage to the apartment not covered by the security deposit). He or she doesn't really want to sue (and pay a lawyer), so you might be able to settle by offering less, especially if the apartment is now occupied. (If it is, the landlord could not claim lost rent damages for the period of time that the apartment is occupied by a rent-paying lessee during the term of your leasehold. It is called mitigation of damages...or something. The long and short of it is the landlord must make reasonable efforts to re-let the vacant apartment, because the law hates waste.)

So, your best hope (besides not breaking leases in the future) is to try to get this case settled! You don't want an unlawful detainer conviction on your record. It's a black mark that you'll be explaining long after we've all forgotten who John Rocker is. Ask him what it would take to make the case go away! Plead! Cajole! Cajole again!

Second, as for your personal property, the landlord may not claim it without a court order. So go back and get it and face the music. Sending a friend with an "authorization letter" may not do the trick. The landlord may simply ignore the letter. And the landlord can serve you by mail or in other ways; in this life, it is my experience that it is best to "face the music." Even when the music is something by Celine Dion.

Two caveats: if you moved due to some circumstance having to do with the property (lack of maintenance, unsafe conditions, excessive noise, property not as advertised or claimed by property manager), or if there was a provision in the lease that provided you could break the lease if you moved, then you might be able to successfully defend against an unlawful detainer suit. It might be well worth your time to see a local attorney who deals in unlawful detainer cases to represent you in this matter. You very well might save the money you would otherwise spend to settle this case if you go that route. Just a suggestion.

Questioning a steep rent hike
Q: On May 1st I was handed a letter from my Manager stating that I've been given a 41% increase in my rent, beginning June 1. Is this legal to raise the rent so much in one fell swoop? I've been in residence at this apartment for over 10 years, and the rent never went up. Our property owner passed away and the new owners came in and raised the rent before they even closed. What are my rights if any?

Nancy

A: Sorry to hear about your plight.

Absent rent or vacancy control, if the lease is ended, then the landlord may raise the rent any amount. If you live in an area with rent control (like Santa Monica, San Francisco, etc.), then the landlord may be restricted by local ordinance in the amount he/she may raise the rent. Traditionally, strict rent control (also known as "vacancy control") limits the amount the landlord can raise the rent even when the unit is vacant. Rent control normally applies only when the unit is occupied - that is, once a tenant takes possession, the landlord may not raise the rent more than a proscribed amount per year during the entirety of the lease.