Legal Question in Landlord & Tenant Law in California
A year ago a new management company took over managing the building that I live in. I never signed a rental agreement with the current company. They want me to pay $65 late fee because that is there fee. The agreement I signed with the previous managment company states the late fee is $25. Do they have to abide by the agreement I signed with the previous company? Do I even have a rental agreement?
2 Answers from Attorneys
You still have a rental agreement even though a new management company took over. The management company is bound to the terms of the agreement you signed. They cannot charge you a $65 late fee without having served you with a notice of change in terms.
Mr. ladevala is entirely correct. Just to expand on his answer, the notice of new terms must be given at least 30 days before the end of the lease. So if it is a month to month lease, beginning at the first of each month, if they gave you a written notice 8/31, the new terms would apply 10/1. If you are on a one year lease ending , 1/31/12, they could not make a change until 2/1/12.
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