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Can a Landlord Charge Move-in Fees

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  • 10-23-2014, 04:44 PM
    sdfitgirl2004
    Can a Landlord Charge Move-in Fees
    My question involves landlord-tenant law in the State of: California

    I live in San Diego, California. When I moved in this apartment I was charged move-in fees, which were supposed to cover the expenses to pad the elevators, unlock one of the entrances for a moving truck, changes in the computer system, etc. When my previous roommate moved in (new contract) he was charged those fees as well. When he left I decided to be by myself so I'm in the only one in the lease. There is a clause in the lease that says that I need to notify property manager if someone moves in. A friend of mine, from China, is visiting the US and I told him he could stay with me for a few months, while he travels around the US. I notified the property manager and she told me she only needed his name and a contact number. I sent that info to her. After a month I received a violation from the HOA for not notifying them of my "new roommate" and emailed the landlord (not the property manager) asking them for the new contract. I told them he was not my roommate, he has no furniture, and that there was no new contract as, when my last roommate left I was left as a new tenant. They are still trying to charge me those move-in fees! For what?! I read that they have to prove that the amount they charge is logic for what they do. They did nothing! No elevator padding, no administrative change since there's no new contract, no entrance unlocking since he doesn't have any furniture... Is that legal? Can I fight that?
  • 10-23-2014, 04:54 PM
    adjusterjack
    Re: Move-in Fees
    Why would you think it's not legal for them to try to charge you for something they think you owe?

    That they might be wrong doesn't make the attempt illegal.

    Sure, you can fight it.

    You can start by going in and sitting down face to face with whoever is trying to charge you the fees and find out where they are coming from.

    If you can't convince them that your friend is just a guest, they'll probably take the money out of your deposit some day and then you can sue them in small claims court.

    Or if they try to evict you now for non-payment, you'll have your day in court where you can raise a defense.
  • 10-23-2014, 05:15 PM
    sdfitgirl2004
    Re: Move-in Fees
    I would be owing to them if they had done sthg for me to justify the amount they are charging me. I paid my move-in fees when I moved in (even though what they did is not worth $100 but I paid for them). They didn't do anything for me or my friend this time for me to pay them $100. So every time my mom comes to visit will I have to pay move-in fees? It' ridiculous!

    Cal Civ Code 1366.1: “An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.”
  • 10-23-2014, 05:57 PM
    adjusterjack
    Re: Move-in Fees
    Quote:

    Quoting sdfitgirl2004
    View Post
    I would be owing to them if they had done sthg for me to justify the amount they are charging me. I paid my move-in fees when I moved in (even though what they did is not worth $100 but I paid for them). They didn't do anything for me or my friend this time for me to pay them $100. So every time my mom comes to visit will I have to pay move-in fees? It' ridiculous!

    Read your lease. What does it say about move-in fees, guests, roommates, etc? And does it refer to any rules published buy the apartment owners or management that you might be bound by.

    Quote:

    Quoting sdfitgirl2004
    View Post
    Cal Civ Code 1366.1: “An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.”

    The CA Civil Code doesn't have a 1366.1.

    That provision that you quoted is in Civil Code Section 5600 (b) which is part of the Section on Common Interest Developments (Starts at 4000):

    http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20

    You wrote that you rented an apartment. That law doesn't apply to apartment rentals.
  • 10-23-2014, 10:13 PM
    Mr. Knowitall
    Re: Can a Landlord Charge Move-in Fees
    The California Civil Code defines a security deposit as "...any payment, fee, deposit, or charge, including, but not limited to, any payment, fee, deposit, or charge, except as provided in Section 1950.6, that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to be used for any purpose...". Calling the fee a "move-in fee" instead of a security deposit does not take it outside of that provision. A landlord cannot charge for routine expenses against the security deposit.

    Should we infer from your post that it's not your landlord that is requesting the fees, but it's the HOA for the development in which your landlord owns and rents the unit?
  • 10-23-2014, 10:19 PM
    jk
    Re: Can a Landlord Charge Move-in Fees
    .
    Quote:

    I told them he was not my roommate
    ,if he is there for months, yes, he is your roommate.

    or your tenant,
  • 10-24-2014, 11:17 PM
    sdfitgirl2004
    Re: Can a Landlord Charge Move-in Fees
    Thanks for the reply...
    I paid a security deposit, which is supposed to be reimbursed at the end of my tenancy, AND a "move-in" fee, which won't be reimbursed. Now my friend is staying with me and the HOA is charging the landlord for that, so the property manager is charging me for it. My friend is not a new tenant. I'm the only tenant...
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