Can a New Landlord Raise Your Security Deposit and Require Renter's Insurance
My question involves landlord-tenant law in the State of: California
Hi.
My landlord decided to change the management company and I have been charged with the following:
1. Security Deposit (which has been paid to the previous management company)
2. Tenant Liability Insurance (which was not the part of the original/existing lease)
Question
1. I would like to know if the new management company can legally charge second security deposit and insurance which was not in the original lease.
A letter from the previous management states "Your security deposits are being transferred to the owner." I have also purchased a separate renter's insurance as required by the lease.
2. What is the standing of the original lease with the old management company?
3. What are my best options to fight these fees?
Thank you.
Re: Change of Management - Deposit and Additional Fee - California
New management is bound by the existing lease.
New management is bound by the existing security deposit whether the money actually changed hands or not.
(Actually it's with the owner that the ultimate responsibility lies.)
Is your lease still in effect? In other words are you still within the from-to dates? If yes, give me the date that it expires.
If it has already expired, give me the date that it expired and the original date that you moved in.
Frankly, though, if you are currently month to month (tenant at will) then your tenancy may be terminated with one month written notice if you've lived there less than a year and two months written notice if a year or more.
Do you have a receipt for the deposit you paid, or some evidence of payment?
Re: Change of Management - Deposit and Additional Fee - California
Thank you Jack for your reply.
I am still within my lease term which is from July 2017 to June 2018. I was wondering why they made it less than a year but now I understand. It was to avoid the 2 months notice if they wish to terminate my tenancy.
I don't have a receipt which I requested but was denied. Instead, the previous management provided me with a copy of the check with a stamp for a date of receipt. I also have written on the check the purpose of the check which was "Rent and Deposit."
Does this suffice as a receipt? If not, are the management company required to provide a receipt? If I was refused a receipt, what are my options at the time?
Thank you.
Re: Change of Management - Deposit and Additional Fee - California
Quote:
Quoting
teitake
I am still within my lease term which is from July 2017 to June 2018. I was wondering why they made it less than a year but now I understand. It was to avoid the 2 months notice if they wish to terminate my tenancy.
Smart landlord. I haven't seen that done before. You're probably right.
Quote:
Quoting
teitake
I don't have a receipt which I requested but was denied. Instead, the previous management provided me with a copy of the check with a stamp for a date of receipt. I also have written on the check the purpose of the check which was "Rent and Deposit."
Does this suffice as a receipt? If not, are the management company required to provide a receipt? If I was refused a receipt, what are my options at the time?
It's not so much a "receipt" that counts. It's "evidence" of payment that counts and you certainly have that.
And you do have a copy of your lease, don't you?
When you write:
Quote:
I have been charged with the following
Exactly how did that happen?
Did somebody just tell you that was happening or did you get a letter? Something else?
Please explain thoroughly how this situation came about. And quote word for word any communication that you received. And the exact date of that communication.
Re: Change of Management - Deposit and Additional Fee - California
The charges are present on the online account that management company uses. I have sent them an email letting them know of the issue but I have not had any other communication yet.
I've sent the management company the check via online banking to be delivered by the first so I have not checked the online portal only this morning. The charges on the online portal appear as follows:
Mgmt Held Security Deposits
Due on 08/22/2017
Insurance Services
Due on 09/01/2017
Officially, the new management company only took over as of Sep 1st.
Re: Change of Management - Deposit and Additional Fee - California
That's all you can do for the moment and wait for a response or a resolution, though I recommend sending letters with paper copies of documents return receipt to have a solid paper trail if you end up in court over this.
I also suggest that you find out who owns the property from your county property records and keep that on hand in case you have to push back against the owner as the owner is ultimately responsible for the acts of his property manager.
Come back to this thread if you need any more help.
Re: Change of Management - Deposit and Additional Fee - California
Jack,
Thank you for your help.
I understand the importance of the paper trail but wouldn't the email suffice? For the record keeping purpose, I think email works much better as it time stamps everything.
One thing I am concerned is that because we'd like to stay in this property for at least 2 years, we want to keep the good relationship with the landlord. We don't want the landlord to terminate our tenancy after a year and since it will be month to month, I want to be on his good side. I already had little issues with the landlord and I don't want to escalate the situation by sending the certified mail.
If the landlord pressed on us paying the additional insurance fee and we refused, then he decided to terminate our tenancy, would we have a case for retaliatory practice?
Re: Change of Management - Deposit and Additional Fee - California
Quote:
I understand the importance of the paper trail but wouldn't the email suffice? For the record keeping purpose, I think email works much better as it time stamps everything.
Email is fine if you don't end up in court. But much harder to enter into evidence if you do end up in court. Do both and keep careful records.
Quote:
One thing I am concerned is that because we'd like to stay in this property for at least 2 years, we want to keep the good relationship with the landlord. We don't want the landlord to terminate our tenancy after a year and since it will be month to month, I want to be on his good side. I already had little issues with the landlord and I don't want to escalate the situation by sending the certified mail.
If you want to let a landlord walk all over you because your afraid of what he'll do if you stand up for your rights, then you don't have any rights.
Quote:
If the landlord pressed on us paying the additional insurance fee and we refused, then he decided to terminate our tenancy, would we have a case for retaliatory practice?
No.
Re: Change of Management - Deposit and Additional Fee - California
FYI a lease that runs from July (beginning) to June (end) is 12 months. If you ended in July it would be 13 months
Re: Change of Management - Deposit and Additional Fee - California
I personally think that any tenant should obtain renter's insurance, required or not.