Renters Rights - California

ED!

So I love in an apartment complex. Five years. Recently I've been getting these notices from a utility company, that I've never signed on with, but appearantly they have signed a contract with the apartment complex transferring the costs of maintanence on the grounds and other utilities (water, trash, maintainence of 'Community Center' - we dont have one) etc. to the tenant, making rent effectively 850 bucks a month (for one bedroom).

This wouldn't tick me off if we actually received anything in the way of amenities, land-lord support, etc. In the time I've been here I've never received any renovations or upkeep to my place, and have always had to pay for carpet cleaning and other upkeep.

So, my question is - for those who live in California - what is the legality of the situation? Is a landlord able to change the conditions of a lease and just say "pay it or quit" - especially for those who have already entered into a lease w/ the rental agency.

Thanks.

Heir

A lease is essentially a contract. If you never agreed to pay this stuff in the lease, then you shouldn't be liable to pay for it.

But I would reread your lease and make sure it's not hidden in there somehwere.

kaliyama

it's not the case that all provisions in a lease are legally enforceable, either. your local legal aid society probably has some sort of clinic for landlord-tenant issues. i'd recommend going there and getting help. you need legal advice, and the board is a bad place for legal advice.

mts

if its spelled out in the lease they have to abide by it for as long as its good. unless its a month ot month.

but definitely check with the city you are in. there is undoubtedly some sort of thing setup to help with legal rights in renting, we have one in Davis, but we are also a college town

ED!

I live in Sac.

I spent all night tearing up my apartment looking for my lease. I'm guessing they have something in there that talks about them being able to change the terms of the utilities or something, because otherwise how else could they do this. I'd call our property manager, but shes never in her office. Ever since this place got bought out, it's gone to the dogs - literally. Every morning at 5AM stupid dog starts yapping.

I gotta find that lease.

kaliyama

There's no "lease police" that makes sure people are prospectively complying with their contractual obligations - while the lease may include a provision like that, it may also be that they're violating the terms of the lease.

Lord Yod

Okay I'm going through a sort of similar situation.

First: To be a lease, it has to have a defined end date. If you have a month-to-month contract with no specified end date, it is a rental and the landlord can basically do whatever they want from pay period to pay period.

Second: you didn't sign anything with this utility company. Are they sending you bills? If they are, call up the number listed and say 'there must be some mistake, I never signed up for this, you should talk to my landlord as they pay all the utilities etc'

Third: Call your landlord and see what's up.

Fourth: If you can't find a copy of your rental agreement, write a letter to the landlord requesting a new one. They have to provide a copy to you within 15 days.

There is some more information here: http://www.dca.ca.gov/publications/landlordbook/index.shtml

VThornheart

I live in the Sac area too, and I've seen a few places around here trying to pull this kind of junk.

Lord Yod's advice above is golden, definitely go through his steps. It might also not be a bad time to start browsing for other apartments as well... just to see if there's something better around. If they're in breach of contract, odds are that means that you can (at the LEAST) get out of the lease without penalty since they violated the agreement.

vytrox

Usually it will explicitly say in the rental agreement or lease who is paying for utilities. If you have a month to month agreement they can change the terms at any time provided they give the appropriate amount of notice.

The other part you have to worry about is that if the utilities don't get paid they get turned off. It doesn't matter if you signed the account or not. You live there and use the electricity etc. If they turn off the lights, you can take your landlord to court and probably win, but in the meantime you have no juice.

This is probably not a real concern since it takes awhile for the utility companies to shut you off.

As far as upkeep, this describes the landlords responsibilities.
http://www.dca.ca.gov/publications/landlordbook/problems.shtml#repairandhabitability

After reading through it, they really don't have to do very much

The rental property business is like any other. They want income to be as high as possible, and keep expenses as low as possible. Shifting the utilities to you is just so they can raise the rent, without technically raising the rent. You have lived there for five years without them doing any maintenance. Why would they start doing it now? They don't need you to be happy, they just need you to pay the rent.

mts

Also, make sure you do any communications with your landlord in writing as well as over the phone. it provides a paper trail in case they try to screw you over

Dropping Loads

Lord Yod wrote: »

Okay I'm going through a sort of similar situation.

First: To be a lease, it has to have a defined end date. If you have a month-to-month contract with no specified end date, it is a rental and the landlord can basically do whatever they want from pay period to pay period.

Second: you didn't sign anything with this utility company. Are they sending you bills? If they are, call up the number listed and say 'there must be some mistake, I never signed up for this, you should talk to my landlord as they pay all the utilities etc'

Third: Call your landlord and see what's up.

Fourth: If you can't find a copy of your rental agreement, write a letter to the landlord requesting a new one. They have to provide a copy to you within 15 days.

There is some more information here: http://www.dca.ca.gov/publications/landlordbook/index.shtml

Zeroth: Talk to someone who will be on your side, whether a lawyer or a renter's assistance hotline. It's too easy to screw yourself by trying to be honest and calling a company without knowing which phrases to use or avoid when assessing fault.