Legal Question in Landlord & Tenant Law in California

I am currently a tenant of an apartment complex. I've been there for almost eight months now and my lease expired. Due to the lease expiring, I am now on whats known as "month-to-month" leasing; when I signed the orginal lease the leasing office told us that when residents go to "month-to-month" rental rates are subject to change. Every month I receive a rent reminder from the property manager. This month my rent was actually cheaper by $40. When I payed my rent I also gave the leasing office the rent reminder, where I was told that it was an error and I was responsible for paying that $40 and now they are attempting to charge me pentalty fees as well. My question is, if I am on "month-to-month" and am not in a binding contract for a specified amount, am I obligated to pay for their "mistake" as well as penalty fees? Also, what do I need to do in order to avoid these charges? Thank you.

Asked on 2/04/10, 9:31 am

1 Answer from Attorneys

Ronnie Gipson Higa & Gipson, LLP
0 users found helpful
0 attorneys agreed

The rent charge o $40 less than what you have been paying could have been a genuine administrative error. On the other hand, it could presage an onslaught of adjustments to come in your monthly rent. The best protection for you is to enter into a new written lease. In this economy, landlords are open to entering into leases with terms for less than a year such as 6 month terms. If you have further questions or if there are more salient facts pertaining to this situation and you want to discuss them with an attorney, then give us a call. You can obtain our contact information from our website at www.higagipsonllp.com

Read more
2/09/10, 9:57 am

Related Questions & Answers

More Landlord & Tenants questions and answers in California

Looking for something else?

Get Free Legal Advice

88177 active attorneys ready to answer your legal questions today.

Landlord & Tenants Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
David SlaterDavid P. Slater, Esq.Boca Raton, FL
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now