Legal Question in Landlord & Tenant Law in California

Apartment Rental Agreement

I signed my first lease in Feb/05 I wasn't asked about pets. I signed a new lease in Feb/06 and wasn't asked about pets. In Feb/07 I was asked about pets and was told I had to pay a $500 pet dep. and an additional $50 a mo. My rent is automaticly taken out of my bank account every month. The additional $50 was added to my rent in Mar. & Ap. but then in May, June, July, & Aug. it went back down $50 a mo. Am I obligated to contact the office about this? If I don't will I have to pay the back pet rent when I sign a new lease, move or they finally realize they haven't added this $50 a mo. pet rent? Also, I am in a Below Market Apartment, when I signed my first lease in 05 I was not told I would not have an assigned parking spot. Agent neglect! People that do have an assigned spot don't use them, it's closer to park in front of the building. A Public Park, cars being parked for days and wks. in the same spot, also reduces amount of parking spcs. I have had to park in the handicap until a spot comes avail. I can't leave at night, if I do there are no parking spots when I return. Is it legal for them to descriminate because of B.M.A.? What about people smoking on their patios?I can't sit on my patio or open my windows! Health laws???


Asked on 8/03/07, 2:04 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Apartment Rental Agreement

Pet charges: You have a contract to pay $50 extra per month beginning in Feb, '07. There isn't a perfect answer. If they discover that $50 is missing every month, they can and will charge you. If they don't, they won't. You aren't obligated to tell the office, and they aren't obligated to ignore the fact that you were $50 short every month. Use your own judgment.

As to the parking spot, read your lease. If there is no provision for a parking spot, you are out of luck. If there is a provision, you need to ask management about your spot. Eventually parking in handicapped spots will hit you with a huge fine. Also, I am the wrong person to answer this, because I am confined to a wheelchair, and need all the handicapped spots I can find. Be thankful you are able to walk!

I am a non-smoker also, but you are foolish to think you can stop people from smoking on their patios. Maybe some day, government will control things like that. Let's hope not!!

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Answered on 8/03/07, 2:28 pm


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