California  |  Consumer Law

Legal Question

Asked on: 6/27/13, 9:54 am

I signed a trash collection in March of 2004 that was for 3 years with automatic 36 month renewal periods. Is this legal to keep renewing for 3 year periods for eternity without a notice to me that it is coming up for renewal? It also states that the contract can be termination in writing within 60 days before the end of one of the 3 year periods. Shouldn't the trash collection company have to notify me when a term is coming up? Last December they sent me a new 3 year contract to sign. Why would they do this if I already had a contract. The old contract did state that they had to give me a 30 day notice of rate increases? I will have to look back thru my records to see if they did this every time the rates went up? Thanks for any help you may be able to lend. Susan

1 Answer

Answered on: 6/28/13, 7:22 am by Carl Starrett

The terms of the contract would be controlling and I haven't seen your contract. Most automatic renewal clauses put the burden on the person buying the services to cancel. Unless the contract require them to sent you a notice about renewal, the burden is on your to keep track of that.

I don't know why the trash company would send you a new contract any more than you do. Perhaps it was a new contract with more favorable terms to them written by their attorney.

As for the rate increases, that is up to you to review your records and see if they complied. if they didn't comply, maybe you can get a partial refund or credit.

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Law Offices of Carl H. Starrett II 1941-C Friendship Drive El Cajon, CA 92020-1144

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