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DelusionMale Offline
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Post Icon Posted: Mar. 30 2004,7:04 pm Post # 1 see this member send this member a private message  quote this post in reply

So my apartment complex stuck a note on my door today stating that I owe them back pay for the past two months.

Let me back track a little... I signed a 6 month lease that ended January 31st. I was not given any notification near or on 1-31-04. So I continued to pay previous rent amt. because I had forgotten when my lease was up as well.
Long story short, I went into the rental office a week ago today (3-23-04) and asked when my lease was up because we are planning to move shortly. They said it was up Jan 31st and they agreed that I had not been notified.

Now today I'm slapped with back pay for both months increase in rent plus month to month non-lease agreement fees + this months rent which is obviously more than previous months.

My question is, I definitely don't mind paying the rent increase from here forth, but do I have to pay back pay without ever being notified of any increase or lease agreement being up? I mean, what if they decided my rent increase was more than I wanted to pay? I wasn't given any opportunity to say "no here's my 30 day notice." Not to mention that rent is due in two days and they gave me this notice about an hour ago and they want almost 3 times my previous rent.

Any advice is greatly appreciated.


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Post Icon Posted: Mar. 30 2004,7:31 pm Post # 2 see this member send this member a private message  quote this post in reply

Here's a little info I found on the web, hopefully it will help you.

Read your lease carefully. It may explain what you must do. For example, the lease may have an "automatic-renewal" clause. This means that if you are planning to move, you must tell the owner before the lease runs out. The clause applies to the owner as well; he or she also must ask you to move before the lease ends. Otherwise, the lease will be renewed for the same period of time as the original agreement.
Note: Automatic-renewal clauses cannot be enforced unless they are printed in bold type as large as this.
What if you have a six-month or one-year lease, but no automatic-renewal clause? If you pay rent monthly and the owner accepts your rent after the lease is up, the agreement is automatically renewed on a month-to-month basis. Your lease may not be a standard six-month or one-year agreement. Instead, it may specify a particular ending date. In this case, you can stay in the apartment past that date on a month-to-month basis if the owner accepts your rent payment.

CAN MY RENT BE RAISED? It depends. In a rental agreement, your landlord can raise your rent any amount if he/she gives you written notice. The length of the notice time must be at least as long as the period between your rental payments. For example, for a month to month rental, the notice cannot be less than 30 days. If you have a lease, your landlord cannot raise your rent unless there is a provision for this in the lease agreement. (Sec. 827 of CC) Rent control ordinances exist in some areas of California. Check with your local supervisor or city council representative for more information about rent control ordinances. Written notice. The landlord has to give us 30 days written notice. This does not mean any 30 days, but 30 days before the end of a rental period. For most of us this is the 1st, but if for some reason you rent from 10th to 10th, for example, then you should be notified 30 days before the 10th. If you rent from 1st to 1st and you get a notice on August 8th raising your rent, then it doesn't go in to effect until October 1st.
Many of us have rent due on the 1st but payable on the 5th (that is to say, we have a 5 day grace period written into our contract). If this is the case you have the right to receive the notice 30 days before the 1st, not the 5th. If your lease is expiring and the landlord is going to raise your rent, they need to tell you 30 days before your rent expires. :peace  :D


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Post Icon Posted: Mar. 30 2004,7:52 pm Post # 3 see this member send this member a private message  quote this post in reply

TO make it short and to the point, NO, they cannot do this.  And, they MUST give you a MINIMUM of 30 days advanced notice.  I have had a few experiences in the past with landlords and have found the California Fair Housing Dept. jumps right on complaints.  They are usually very happy to explain the laws for you and go after the Landlords who violate state laws.  Here's their website California Dept. of Fair Employment and Housing

Don't let Landlords break the law and push you around.  There are lotsa laws in California that are in place to protect the renter, and very few that protect the Landlord :D




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Post Icon Posted: Mar. 30 2004,8:17 pm Post # 4 see this member send this member a private message  quote this post in reply

Thanks a ton! You guys rock.... I really appreciate the info Mrs Scuba, and I know you've been through a lot BBT so I'm sure you know what yer talkin' about. I'm going to research a bit tonight.

To continue the saga, they arbitrarily had a random employee come to my door tonight with a quickly typed up card that was considered my official notification that my lease was up Jan 31st ( obviously in response to the fact that I haven't been given any notification until this point ). Interestingly enough it was dated today even though the employee who handed it to me stated it has been in the office for a few days for me. Whatever... I'll be in there first thing tomorrow with enough info to either get them to change their minds or start court proceedings.


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Post Icon Posted: Mar. 30 2004,8:35 pm Post # 5 see this member send this member a private message  quote this post in reply

Good deal!! Stand up to them.  I have been around real estate and rentals all my life, and have grown up with my parents owning lotsa rentals over the years.  I have even been an Apartment Manager years ago....  Let me assure you, they absolutely CAN NOT raise your rent without at least 30 days notice, and even then, no more than 10%.  But just for giggles, here's the actual law for ya.

          EXISTING LAW  :

         1)Generally requires landlords to give 30 days notice before  
           changing the terms of a month-to-month lease and allows the  
           parties to agree in writing to a shorter notice period of not  
           less than 7 days.  (Civil Code section 827.)

         2)Requires that such notice be given in one of the following  
           ways:

            a)   By delivering a copy to the tenant personally;

            b)   By leaving a copy with another person and mailing a copy  
              to the tenant; or

            c)   By posting a copy to a conspicuous place on the  
              property, leaving a copy with an individual residing at the  
              residence and mailing a copy to the tenant.  (Code of Civil  
              Procedure section 1162.)

         3)Provides for service by mail when such service complies with  
           specified mailing procedures, including that the notice bear a  
           notation of the date and place of mailing or be accompanied by  
           an unsigned copy of an affidavit or certificate of mailing.  
           (Code of Civil Procedure section 1013.)

And, in addition, after the end of a Specific period lease, such as a yearly lease, the lease automatically rolls over to a month-to-month lease until such time that a new long term lease is contracted.  Your Landlords don't have a Leg to stand on.  And furthermore, when it comes to a security deposit, Landlords can only collect for inordinary damage, and cannot withhold any of your deposit for normal wear and tear (My parents lost a biggee in court on that one) and don't forget your interest...it's mandatory in California that an individual's security Deposit is set aside, not co-mingled with other monies, and required to pay the Tenant interest at the prevailing rate.  Want more info?? :D  :laugh




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Post Icon Posted: Mar. 30 2004,8:38 pm Post # 6 see this member send this member a private message  quote this post in reply

Here ya go....Go get'em!

Department of Fair Employment and Housing

Questions?


Please call, fax, or mail us your questions.


Telephone:  
Employment/Public Accommodations:
1-800-884-1684 (Within California)
1-916-227-0551 (Outside California)

Housing:
1-800-233-3212 (Within California)
1-510-622-2945 (Outside California)

Hate Violence:
1-866-460-HELP (4357)

TTY:
1-800-700-2320 (Within California)

Fax:  
Employment/Public Accommodations:
1-916-227-2859

Housing:
1-510-622-2956




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Post Icon Posted: Mar. 30 2004,8:40 pm Post # 7 see this member send this member a private message  quote this post in reply

Or, you can download a Pre-Complaint Questionaire here and just send it in to the Dept of Fair Housing.  You can get it here Pre-Complaint Questionaire




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Post Icon Posted: Mar. 30 2004,8:44 pm Post # 8 see this member send this member a private message  quote this post in reply

I just hate it when the big guys step on us little guys feet.  Seems like they are always doing it and getting away with it.  Don't let them....Take them to Court and sue them for what you are entitled to (Which is treble damages).  If they violated the law, they can be sued for up to 3 times the amount that they "Hurt" you for, plus court costs.  Been there, done that :D




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Post Icon Posted: Mar. 30 2004,11:31 pm Post # 9 see this member send this member a private message  quote this post in reply

Thanks for the input everyone....if it's not one thing it is another! :angry


It's a whole new year!

Where my girls at?

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Post Icon Posted: Mar. 31 2004,4:59 am Post # 10 see this member send this member a private message  quote this post in reply

It's what makes the world turn!. :rolleyes
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Post Icon Posted: Mar. 31 2004,5:36 am Post # 11 see this member send this member a private message  quote this post in reply

Quote (Silver @ Mar. 30 2004,11:31 pm)
Thanks for the input everyone....if it's not one thing it is another! :angry

Welcome to Jim's World :D  :laugh   My life is like that on a daily basis.  Always some BS happening.  If it ain't one thing it's another. :angry   Always "The Man" trying to screw the little guy. :beat




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Post Icon Posted: Mar. 31 2004,5:38 am Post # 12 see this member send this member a private message  quote this post in reply

Why don't ya's just buy a house and be done with them Landlord Fockers?  With interest rates as low as they are, more times than not, a monthly mortgage payment is less than a rental payment :good   Toss in the tax breaks that go along with home ownership and you come out lotsa $$ ahead. :good

For instance, we just refinanced our house.  Monthly payments including Principal, interest Tax, and insurance (PITI) is around $1400.00 per month.  95% of what I pay per year is Tax deductable.  Not bad for an 8 Bedroom, 3 Bath house.  Plus, on top of that, you MAKE money by appreciation.  Currently, our house values in my area are increasing in value at a whopping 2% per month.  That comes out to be about $60k per year in my case :good

Buy a house and reap the rewards and ya don't have to deal with Landlords anymore :D


Edited by BigBoyToys on Mar. 31 2004,5:44 am




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Post Icon Posted: Mar. 31 2004,5:46 am Post # 13 see this member send this member a private message  quote this post in reply

Not sure what prices are like down there, but you can still buy a nice 3BR 2BA home up here for around $700 per month (PITI)  Try and beat that renting the same thing :eek

Edited by BigBoyToys on Mar. 31 2004,5:47 am




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Post Icon Posted: Mar. 31 2004,8:48 am Post # 14 see this member send this member a private message  quote this post in reply

I know, I wish, we are working on it....we can not relocate because of the kids and the X factor!


It's a whole new year!

Where my girls at?

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Post Icon Posted: Mar. 31 2004,9:08 am Post # 15 see this member send this member a private message  quote this post in reply

Dave,  I'm not really sure, but it sounds to me like what they are doing isn't legal??   Do they have an e-mail address?   If so write them an e-mail with concern about the situation and then CC a lawyer.. ;)   That will usually squash any problems. LOL

RD


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Post Icon Posted: Mar. 31 2004,8:03 pm Post # 16 see this member send this member a private message  quote this post in reply

BBT and Dave are correct.  Walk in there, act like you know what your talking about and they will "get back to you" :D  Which means, you will win.  :D  

I wouldn't worry to much about it.  Like BBT said, all you have to do is make a phone call and the Housing people are at the owner/managers phone/door within the week.  :D  

Good luck though.  It still sucks, much like the same shitty situation that BBT is in.  He's right, the law is on his side, but he's still having to deal with it.  :banghead  I just hope your situation works out more smoothly.  :D


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Post Icon Posted: Mar. 31 2004,9:28 pm Post # 17 see this member send this member a private message  quote this post in reply

It worked  out today............way to go honey! :stupid  :good  :jumpie  To think they could actually mesh with us..............you me all the way! Delusion will post later......I just have to get his tired stressed out ass off of the sofa again for the third night now! :sleep  :sleep  :sleep  :sleep  Maybe I should just sit on his face! :ass


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Post Icon Posted: Mar. 31 2004,9:29 pm Post # 18 see this member send this member a private message  quote this post in reply

Here I go again..................... :laugh  :laugh  :laugh on his account!  :drink  :banghead  I must be blonde! :p


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Post Icon Posted: Mar. 31 2004,9:30 pm Post # 19 see this member send this member a private message  quote this post in reply

Quote (Delusion @ Mar. 31 2004,9:28 pm)
 Maybe I should just sit on his face! :ass

I soooo hope this is Silver talking?   :stupid    :D


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Post Icon Posted: Mar. 31 2004,9:30 pm Post # 20 see this member send this member a private message  quote this post in reply

Quote (Delusion @ Mar. 31 2004,9:28 pm)
 Maybe I should just sit on his face! :ass

I soooo hope this is Silver talking?   :stupid    :D


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Post Icon Posted: Mar. 31 2004,9:32 pm Post # 21 see this member send this member a private message  quote this post in reply

It is................... :p Hey Cat!


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Post Icon Posted: April 01 2004,4:38 am Post # 22 see this member send this member a private message  quote this post in reply

Quote (Delusion @ Mar. 31 2004,9:28 pm)
It worked  out today............way to go honey! :stupid  :good  :jumpie  To think they could actually mesh with us..............you me all the way! Delusion will post later......I just have to get his tired stressed out ass off of the sofa again for the third night now! :sleep  :sleep  :sleep  :sleep  Maybe I should just sit on his face! :ass

Glad to hear that it worked out :good   Here's to 1 for the little guy winning out over the big guy (The system) :beer  :beer




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Post Icon Posted: April 01 2004,4:56 am Post # 23 see this member send this member a private message  quote this post in reply

Quote (BigBoyToys @ April 01 2004,5:38 am)
Quote (Delusion @ Mar. 31 2004,9:28 pm)
It worked  out today............way to go honey! :stupid  :good  :jumpie  To think they could actually mesh with us..............you me all the way! Delusion will post later......I just have to get his tired stressed out ass off of the sofa again for the third night now! :sleep  :sleep  :sleep  :sleep  Maybe I should just sit on his face! :ass

Glad to hear that it worked out :good   Here's to 1 for the little guy winning out over the big guy (The system) :beer  :beer

:good  :good  :good
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