Renewing A Lease

[silver162]

What is the name of your state (only U.S. law)? California

Hi everyone

My apartment lease ends on Aug. 16, 2009. I've decided to renew my lease and informed the front office mgt. in my complex of this yesterday. They drew up a new lease, which I looked through but haven't yet signed. It is the same exact lease I had before but with some changes. One change I noticed is the increase in security deposit amount. When I entered the original lease last yr., my sec. dep. was $400. Now the lease says it is $900. I just want to make sure - is this legal? Do I just pay the difference or is it a whole new deposit? They also informed me that if I choose not to renew and give them a 30 day notice, since the last days of my notice would fall past the date the original date ends, all days after Aug. 16 would automatically be charged at their month-to-month rate which is $600 more than my monthly rent. I was not aware of this either. If my lease ends and I'm automatically month-to-month, would they have had to give me notice of this rent increase?

When answering to my post, if you have any specific Civil Code numbers you are referring to, please let me know. I appreciate your assistance! Thank you in advance!

 

[Cvillecpm]

This is a change in terms of the tenance and Yes it is legal AND you can certainly ask to make up the $500 difference in payments.

Asking for codes infers that you want to ARGUE and if you don't want to MOVE, then you need to talk to mgmt AND ask to make payments OR indicate that the increase in deposit is a "deal breaker" and you will leave.

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

Hi everyone

My apartment lease ends on Aug. 16, 2009. I've decided to renew my lease and informed the front office mgt. in my complex of this yesterday. They drew up a new lease, which I looked through but haven't yet signed. It is the same exact lease I had before but with some changes. One change I noticed is the increase in security deposit amount. When I entered the original lease last yr., my sec. dep. was $400. Now the lease says it is $900. I just want to make sure - is this legal? Do I just pay the difference or is it a whole new deposit? They also informed me that if I choose not to renew and give them a 30 day notice, since the last days of my notice would fall past the date the original date ends, all days after Aug. 16 would automatically be charged at their month-to-month rate which is $600 more than my monthly rent. I was not aware of this either. If my lease ends and I'm automatically month-to-month, would they have had to give me notice of this rent increase?

When answering to my post, if you have any specific Civil Code numbers you are referring to, please let me know. I appreciate your assistance! Thank you in advance!

Yes, they can increase your security deposit for the renewal. Since you've already paid the $400, ask them if they would consider a couple of installments on the $500 balance for the next year. Inform them that this is a serious consideration as to whether or not you will choose to renew.

If you decide not to renew and give your 30 day notice now, then you'll need to look over your current lease terms as to how holdovers are handled. Look for a clause that says whether or not rent is automatically increased at the end of the current term, and whether or not you would convert to a M2M tenancy.

If nothing is specified otherwise in the lease, you would be considered M2M & rent continues at the same rate as under the original lease. To charge you the higher rent now for those remaining few days just because you've decided not to renew would be punitive.

They can, however charge you the higher rent if proper notice is given in advance of that increase. If you've resided in the rental unit for less than a year, then 30 days is required; over a year, and 60 days is required. Neither gives enough notice to raise that rent for those last few days of your tenancy should you decide to give your notice soon.

For further reading, I suggest you google the California Department of Consumer Affairs Landlord Tenant Handbook for more info. It will refer you to case law & civil codes for your reading pleasure.