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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default Is My Landlord Breaking Our Lease or the Law by Adding a Utility

    My question involves landlord-tenant law in the State of: California

    We have lived in the same apartment for 7 years. Our lease will be up in a month, so we got our normal notice on Oct. 1, 2009 letting us know the new rates for signing a new lease. However, at the end of the notice, it said that effective August 1, 2009 (Yes, retroactively) we would be billed for our share of the property's overall trash removal costs.

    I have a few problems with this. As stated in our lease that ends Oct. 31, the apts. pay for garbage. It even states in our utilities addendum that if they want to begin charging us for a new utility we MUST receive it in writing 60 days prior. How can this be 60 days prior when they are charging for Aug+ and we just now received notice? They are saying that we will be signing a new lease, and it will be on that lease... well, I'm ok with it if we start getting charged beginning in November when our new lease is signed, but from August?? I don't think that's legal, and if I get charged this month, I believe they will be breaking our contract that hasn't ended yet since we did not receive notice in writing 60 days prior.

    Any thoughts?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Is My Landlord Breaking Our Lease or the Law by Adding a Utility

    You are stating that this is an entirely new lease? Not a continuation or renewal of your prior lease? Then the provisions of the old lease are superseded by the new lease.

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Is My Landlord Breaking Our Lease or the Law by Adding a Utility

    Beginning November 1 it will be renewal on our lease, not a continuation. Essentially a new lease, since that's the way they've always done it before.

    I know they can't charge us this month for garbage because with from our current lease ending October 31, there wasn't 60 days written notice. I'm fine if they begin charging us in the new lease terms.

    I guess what I really need to know is in the new lease beginning November 1, 2009, can they ask us to pay garbage retroactively? I figure they can only ask us to pay garbage from November on because its a new lease (and I'm fine with that). Not before November because that would not be in the lease's time frame. Am I correct in thinking this?

  4. #4
    Join Date
    Oct 2009
    Posts
    4

    Default Re: Is My Landlord Breaking Our Lease or the Law by Adding a Utility

    I think you and your landlord are bound by the terms of your existing lease until the new lease goes into effect. Retroactive billing for any services that were not agreed to in the lease covering the billing period does not seem reasonable.

  5. #5
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Is My Landlord Breaking Our Lease or the Law by Adding a Utility

    Lotus us right.

    They cannot back charge you for utilities regardless of what the new lease agreement says.

    I wouldn't even seek an attorney on this one. You can contact your local HUD office to make sure, but that sounds really unlikely.

    The other route is that you could let them serve you an eviction notice and let them prove it in court (what you owe).

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