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?
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?
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,
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...