Legal Question in Landlord & Tenant Law in California
Tenants rights
Resided in apartmt for 5 years (1st yr signed lease after that mo to mo)
Complex sold about one yr ago, new owners remodeling units. 60 day termination tenancy was taped to our front door along with a letter stating that our new apt home was ready to move into at the end of the 60 days and to come up to front office to reserve a new unit as they are filling up fast. Now we are being forced to pay an application fee to reapply, almost double the original deposit, raising rent, and pay a holding deposit (which was to be held until we move in however they cashed three days after we gave to them with the assurance holding not cashed until move in and then it would be applied to our security deposit.)
We have already been paying rent to the new owners for a year, why do we have to start all over and why should we have to pay additional fees and deposits and be required to pay rent with cashier check?
1 Answer from Attorneys
Re: Tenants rights
As unfair as it seems, the new owners are not bound by any rules of limiting your rent, if you move to a new apartment.
Also, application fees (even though it is reprehensible) can be charged, although there is no such thing as a "holding" deposit. There is only one "deposit" allowed in California, no matter what it is called, and that cannot be more than double the monthly rent, unless the apartment is unfurnished, and then 3 times the rent.
As far as rent with cashier's checks, as uncomfortable as it may be, it is not illegal.
If I were you, I would total the amount of deposits, including the "holding deposit", and see if it is more than double the rent.
If you need more, please feel free to e-mail, or call, my office.
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