Questions regarding Landlord

[Renter02]

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

Some backround, sorry post is long.

I have rented a house for over a year with two leases. Rent is $1500 a month and I always pay on or before the 1st of the month. When I moved in I paid a $2000 security deposit, $1,500 last month's rent and $500 pet deposit for my dog.

The year lease went along fine with no problems. Two months before the lease was up she wanted to do an inspection of the property, no problem. Inspection went fine she was happy with how the home and yards were maintained and offered me another year lease with everything the same except increase in rent to $1,570, no problem and both signed.

Six months go by and I along with the whole company got laid off from work and shut down. Got a good severence package and no problems paying rent. Luckily got another job.

Lanlord tried to call me at my old employer and company is shut down so she did not get through. Received an email saying she wants my new employer information, six months bank statements and 3 months paystubs and my severence package info within 2 days. I Supplied as much as I can to her within 2 days. She calls and wants to do another inspection, fine.

She came to the house and told me that she does not like my new job in the mortgage industry anymore because of the economy. I have been a mortgage underwriter for over 14 years.

She now wants another $1,000 added to security deposit because of my job. And to top it off she called me a liar and said I knew that my company was closing but still signed the lease, I did not know it was closing, nobody knew. She also wants another $500 for pet deposit because while we where standing in the front yard a neighborhood cat walked up and plopped on the walkway and started sunning. I explained it is not my cat and she says she does not believe me. She is giving me 24 hours to get the money or evict me, I actually have it but does this sound right? That will be over $5,000 she will have of my money, plus the damm cat isn't even mine.

I take care of the property and pay rent on time and don't complain about things. I don't think I have done anything to be evicted for.


Thank you and again sorry for the long post.What is the name of your state (only U.S. law)?

 

[Zigner]

Tell her to pound sand. You have a signed contract. You shouldn't even have given her the financial info she asked for.

With that said, I would start looking for a new place to live several months before the lease ends. You can expect to be non-renewed.

 

[Who's Liable?]

Inform LL to pound sand... You are NOT required to provide ANY personal OR financial information regarding your layoff.

As suggested, find another place to rent as soon as you can to make sure you leave within the allotted time.

You will need to make sure you do everything properly for this looney LL.

 

[sandyclaus]

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

Some backround, sorry post is long.

I have rented a house for over a year with two leases. Rent is $1500 a month and I always pay on or before the 1st of the month. When I moved in I paid a $2000 security deposit, $1,500 last month's rent and $500 pet deposit for my dog.

The year lease went along fine with no problems. Two months before the lease was up she wanted to do an inspection of the property, no problem. Inspection went fine she was happy with how the home and yards were maintained and offered me another year lease with everything the same except increase in rent to $1,570, no problem and both signed.

Six months go by and I along with the whole company got laid off from work and shut down. Got a good severence package and no problems paying rent. Luckily got another job.

Lanlord tried to call me at my old employer and company is shut down so she did not get through. Received an email saying she wants my new employer information, six months bank statements and 3 months paystubs and my severence package info within 2 days. I Supplied as much as I can to her within 2 days. She calls and wants to do another inspection, fine.

She came to the house and told me that she does not like my new job in the mortgage industry anymore because of the economy. I have been a mortgage underwriter for over 14 years.

She now wants another $1,000 added to security deposit because of my job. And to top it off she called me a liar and said I knew that my company was closing but still signed the lease, I did not know it was closing, nobody knew. She also wants another $500 for pet deposit because while we where standing in the front yard a neighborhood cat walked up and plopped on the walkway and started sunning. I explained it is not my cat and she says she does not believe me. She is giving me 24 hours to get the money or evict me, I actually have it but does this sound right? That will be over $5,000 she will have of my money, plus the damm cat isn't even mine.

I take care of the property and pay rent on time and don't complain about things. I don't think I have done anything to be evicted for.


Thank you and again sorry for the long post.What is the name of your state (only U.S. law)?

Understandably, she is nervous about the economy and mortgage industry outlook. But it is unreasonable to make such demands upon you when you've complied with the terms of the lease to date, and paid your rent on time despite having lost your job and getting a new one.

As long as your lease is still in force, she cannot change the terms of the lease or increase the security deposit. She also cannot evict you for not complying with her demands that you pay additional security.

She can, however, refuse to renew your lease at the end of its term, and based upon how she is acting now, you can expect that to happen. Just plan on that, and be sure to keep documentation of the condition of your property as you begin your exit. Take good photos or videos, and be sure to get a final walkthrough upon exit, with a signed report (with BOTH of your signatures) of the property condition. You could end up fighting the return of your existing security deposit and you'll want to be fully prepared.

 

[treese]

California Landlord/Tenant law limits the amount that a landlord can legally collect for a security deposit. Your landlord cannot legally require you to pay any more of a security deposit. The landlord has already required you to pay above and beyond what the law allows IF your rental is unfurnished.

If you are renting an unfurnished rental, the landlord cannot require more than the amount equal to 2 months of rent.

(If your rental is furnished, the amount the landlord is limited to is the amount equal to 3 months of rent. If you hae a waterbed, an additional security deposit of 1/2 month of rent can be required regardless of whether your rental is furnished or not.)

If your rent is $1500.00 per month AND the rental is unfurnished, the landlord cannot require you to pay more than $3000.00 as a security deposit.

Here is the hook, a security deposit, per CA Landlord/Tenant law is any money collected in advance regardless of whether it is called "last month's rent," "security deposit," "pet deposit," "key fee," or "cleaning fee." No matter what the landlord calls these payments or fees, the law considers them all to be part of, and treated as, the security deposit.

Your landlord has already collected $4000.00 from you, which is above the legal limit if your rental is unfurnished. Not only can your landlord NOT require you to pay any more of a security deposit, your landlord should be refunding $1000.00 to you according to the law.

 

[Renter02]

Update-bummed

The landlord left the addendum to the lease on the counter for me to sign. She wants to come and get it along with the money after work tonight. I have already spoken with her and told her I was not ok with this. She started screaming at the top of her lungs at me that I had better or I am evicted and screaming how I lied about my job ending to a good Christian woman and hung up on me, I could not get a word in edgewise.

I did not lie about my job and hundreds of other's jobs ending. I was aware of the economy and possibility as so many people are these days.

I am so stressed I guess I will just pay it and sign the addendum even though the cat is not mine and another $1,000 to deposit isn't even legal in CA.

Bummer, but I need a place to live for now.

Thank you guys so much.

 

[Renter02]

California Landlord/Tenant law limits the amount that a landlord can legally collect for a security deposit. Your landlord cannot legally require you to pay any more of a security deposit. The landlord has already required you to pay above and beyond what the law allows IF your rental is unfurnished.

If you are renting an unfurnished rental, the landlord cannot require more than the amount equal to 2 months of rent.

(If your rental is furnished, the amount the landlord is limited to is the amount equal to 3 months of rent. If you hae a waterbed, an additional security deposit of 1/2 month of rent can be required regardless of whether your rental is furnished or not.)

If your rent is $1500.00 per month AND the rental is unfurnished, the landlord cannot require you to pay more than $3000.00 as a security deposit.

Here is the hook, a security deposit, per CA Landlord/Tenant law is any money collected in advance regardless of whether it is called "last month's rent," "security deposit," "pet deposit," "key fee," or "cleaning fee." No matter what the landlord calls these payments or fees, the law considers them all to be part of, and treated as, the security deposit.

Your landlord has already collected $4000.00 from you, which is above the legal limit if your rental is unfurnished. Not only can your landlord NOT require you to pay any more of a security deposit, your landlord should be refunding $1000.00 to you according to the law.

Thank you for your information. I finally was able to locate this information.

The house was unfurnished and I do not have a waterbed.

 

[sandyclaus]

Really...?

The landlord left the addendum to the lease on the counter for me to sign. She wants to come and get it along with the money after work tonight. I have already spoken with her and told her I was not ok with this. She started screaming at the top of her lungs at me that I had better or I am evicted and screaming how I lied about my job ending to a good Christian woman and hung up on me, I could not get a word in edgewise.

I did not lie about my job and hundreds of other's jobs ending. I was aware of the economy and possibility as so many people are these days.

I am so stressed I guess I will just pay it and sign the addendum even though the cat is not mine and another $1,000 to deposit isn't even legal in CA.

Bummer, but I need a place to live for now.

Thank you guys so much.

You should NOT give in to this woman's tyranny! You have a place to live, you earned your place to live, and this crazy person should not be able to scare you out of there just because she's freaking out for no good reason.

What she is doing is ILLEGAL, and if you give in to it, the abuse won't stop!! Where will it end? Stop being this LLs doormat! Contact a lawyer and fight this. Put your money to better use! Here is someone who gives great advice and can help give you the (legal) strength you need right now:

California Tenant Law - Free legal advice for California renters

 

[Renter02]

Update

Thank you so much for the website information it helped a lot.

I gave my landlord specific codes regarding deposites and trying to make changes after a lease is signed.

I informed her I will not be signing the addendum or giving her more deposit or pet deposit.

She is screaming at me, hangs up, then calls back screaming some more. I told her to only talk with me when she calms down, she hung up on me again.

She says she wants me out at the end of October and my last month's rent will take care of October.

She is breaking our lease and using the cat as the excuse. Once again tried to explain that it is a cat in the neighborhood and not mine, but she won't listen.

So I am looking for another place to live. I'm sure there will be a hell of a time when it comes to getting my deposit back.

Thanks again everyone......

 

[Zigner]

Thank you so much for the website information it helped a lot.

I gave my landlord specific codes regarding deposites and trying to make changes after a lease is signed.

I informed her I will not be signing the addendum or giving her more deposit or pet deposit.

She is screaming at me, hangs up, then calls back screaming some more. I told her to only talk with me when she calms down, she hung up on me again.

She says she wants me out at the end of October and my last month's rent will take care of October.

She is breaking our lease and using the cat as the excuse. Once again tried to explain that it is a cat in the neighborhood and not mine, but she won't listen.

So I am looking for another place to live. I'm sure there will be a hell of a time when it comes to getting my deposit back.

Thanks again everyone......

No more phone calls. Do EVERYTHING in writing. Even the rent. Mail it certified, return receipt requested. If she refuses to accept the rent and it gets returned to you, then DO NOT OPEN the envelope - take it to court as evidence of her refusal to accept rent.

If she makes your life terrible, then point out to her (again, in writing) that she may be found liable for any moving costs and for any rent that you have to pay that is in excess of what you are currently paying.

In fact, I think you should seek a short consultation with a local LL/Tenant attorney and possibly get that attorney to write a letter to you LL on your behalf explaining the various laws that the LL is violating.

 

[sandyclaus]

Good for you!

Thank you so much for the website information it helped a lot.

I gave my landlord specific codes regarding deposites and trying to make changes after a lease is signed.

I informed her I will not be signing the addendum or giving her more deposit or pet deposit.

She is screaming at me, hangs up, then calls back screaming some more. I told her to only talk with me when she calms down, she hung up on me again.

She says she wants me out at the end of October and my last month's rent will take care of October.

She is breaking our lease and using the cat as the excuse. Once again tried to explain that it is a cat in the neighborhood and not mine, but she won't listen.

So I am looking for another place to live. I'm sure there will be a hell of a time when it comes to getting my deposit back.

Thanks again everyone......

She will have a hell of a time proving that cat belongs to you. A very thin thread to hold onto to justify her actions.

Zigner is right. Confine any and all communication to writing. From you to her, be sure to send it certified, return receipt requested for your protection. In fact, draft a letter now to inform her of that fact, and to cease the phone calls immediately or you will consider it harassment and deal with it accordingly.

Trust me - some LLs use the threat of eviction as a way to force unknowledgeable tenants into submitting to their demands. She wants what she wants, and she will not stop until until you comply. You should expect her to follow through and prepare to protect your interest - and your security deposit - and fight with everything you have. That means taking care of your own minor repairs caused by you and the pet you have before you leave (so she cannot say you left damages she can deduct from your SD & pet deposit), thorughly cleaning inside & out (you should hire a reputable cleaning crew who can provide you with proper invoice and reports), then making sure that she does a move-out inspection in your presence (including getting a signed copy for your records) & taking pictures and/video of the property upon your final exit. Give her no reason or excuse for keeping any of your deposits.

Once you leave, she has 21 days to return the full deposit or provide an itemized accounting of any deductions she makes (including receipts/invoices for services performed or materials purchased)along with a refund of the balance due. She will try to keep it all, probably trying to deduct for bogus repairs, or for the balance of your lease that she is breaking. Be sure to address this when defending the eviction action, or be ready to pursue her in small claims.

Hang tough!

 

[Renter02]

Another Update

Hi all and thanks again for the advice and "legal strength".

The landlord has come and put a sign up in the front yard and already has listed it for rent.

She wants to show the place next weekend and that sounds fine to me. The problem I am now experiencing already is people looking in my windows and knocking on my door. I had one woman looking through my kitchen window and when I popped up startled the sh** out of both of us.

My question is can I tell her to let people know to please do not disturb the tenant?

I am afraid they will go in the backyard and accidentally let my 14 year old half blind and def dog out.

I have gone around and taken pictures of the home and yards already and plan to do it again when I leave. The place is already cleaner then when I moved in and she never painted the place before I moved in.

Thank you so much

 

[sandyclaus]

Right of Entry

Hi all and thanks again for the advice and "legal strength".

The landlord has come and put a sign up in the front yard and already has listed it for rent.

She wants to show the place next weekend and that sounds fine to me. The problem I am now experiencing already is people looking in my windows and knocking on my door. I had one woman looking through my kitchen window and when I popped up startled the sh** out of both of us.

My question is can I tell her to let people know to please do not disturb the tenant?

I am afraid they will go in the backyard and accidentally let my 14 year old half blind and def dog out.

I have gone around and taken pictures of the home and yards already and plan to do it again when I leave. The place is already cleaner then when I moved in and she never painted the place before I moved in.

Thank you so much

Keep these things in mind for the showing of the house regarding your right of quiet enjoyment & privacy and LLs right of entry to show the house to prospective tenants.

Does your lease allow for her to place a sign in your yard? You can help stop lookie-loos by removing that sign if there is no lease provision that requires you to allow it.

LL is entitled to enter the property to show the property to prospective tenants. However, the law also states that you are entitled to a notice of her intent to do so. This notice must be IN WRITING, given to you NO LESS than 24 hrs prior to the intended visit, and must include the specific date, time, and purpose of the visit. The LL cannot grant others the right to enter the property without the same required notice. And the LL cannot abuse her right of entry or use it to harass the tenant. Unfortunately for you, if she has given you notice and you cannot be there, she can still come in anyway, so take that as a plan to ensure someone being there when she is in order to protect you. See California Civil Code 1954 for the specific statute.

In reference to the above, that means if she does not give you proper legal notice, you do not have to grant her access if you don't want to. You can tell her she has to give you notice in writing and tell her she can return 24 hours after said notice has been given. She cannot allow any other person to just come onto the property without having given you that notice, and you don't have to allow it either. If something happens (such as your dog getting out), you can hold the LL liable for it.
Again, expect a bit of resistance from the LL here, but you are only exercising your right to quiet enjoyment and right to privacy granted to you under the law. She wants to be difficult, you don't have to be nice to her, especially when she has no concern for your legal rights.

Also, has she given you a formal notice of termination yet? She is required to provide you a notice in writing to terminate and that time must expire before she can start a formal eviction case in court. A standard termination is the 30 day notice, but if you have lived there longer than a year, that legally required time is increased to 60 days. Of course, she could try to give you a notice to cure or quit, which gives you only 3 days before she can file for eviction, but that would be easy to fight because you have committed no breach of your lease that can be "cured".

This should be interesting. Keep me updated on the latest!

 

[Alaska landlord]

Does your lease allow for her to place a sign in your yard? You can help stop lookie-loos by removing that sign if there is no lease provision that requires you to allow it.
!

And that would be interfering with the sale of the home. No lease provision is necessary. Landlord can proceed with legal action to evict.

 

[sandyclaus]

Yet more misinformation based on assumption...

And that would be interfering with the sale of the home. No lease provision is necessary. Landlord can proceed with legal action to evict.

Someone didn't do their reading...

The LL is not SELLING the home. They posted a For Rent sign.

The LL has listed the property in the local advertisements. They will do just as well advertising that way as putting the sign up. Plus they will usually call LL to arrange a viewing instead of just showing up unnanounced to the property.

The sign itself, if not specifically allowed in the lease, is an eyesore. It invites unwanted and unwelcome intrusions into the privacy of the occupant (which the occupant is entitled to).

LL is welcome to make the necessary arrangements (and legal ones, too) with the tenant for allowing people to view the property without intrusion or interference with his quiet enjoyment of that property.

Plus, if the LL tries to use this as a breach, she already has issues with the legality of her actions as it is, and will already have started eviction against the tenant. How do you think a judge will view a pushy LL who further tramples her tenants rights by harassing them in this manner? In this tenant-friendly state, I think it would not go over very well.