Legal Question in Landlord & Tenant Law in California
Blank Addendum to Lease/Wrong Name on Bill
We received a 30d notice on 3/31/07 that our lease was to be amended eff. 5/31. The name of the add. is 'percentage of charge of water, sewer, trash utilities and it was requested that we sign/return it to the mgr, but states that will be enforced with or without addendum sig. It reads, ''[LL & Res.] agree to the billing described below for each of the follwoing utilities and services,'' however, NONE of the utilities are marked, and our name(s) are not listed. The max. service fee is blank, the nsf fee is blank and the acct. activation fee is blank. It is also not dated. We sent a written letter to our mgr. after receipt stating that the add. was not completed and that as far as we knew, if the LL made a change in the lease that increased our rent by more than 10% from what we payed 12 mos. prior, 60 days notice was required pursuant to California Civil Code Section 827 for a month-to-month. We rec'd no response.
Today we received a bill and the name is incorrectly spelled.
Q-Are we liable for the amt of the bill given the blank add. and incorecct name?
Q-Also, I've heard that if a LL does this, they need to provide a copy of the actual utility bills to the tenants, true? Are there Consequences for LL if not provided?
2 Answers from Attorneys
Re: Blank Addendum to Lease/Wrong Name on Bill
Sorry, I has been very busy today, and I will get back to you later in the afternoon.
Re: Blank Addendum to Lease/Wrong Name on Bill
I apologize for taking so long to get back to you.
I can give you general law, but the primary question is to look at the provisions of your lease. Is there anything covering your questions in your lease? Or could you fax me a copy?
You are correct about a 60 day notice required for increase over 10%, but you did get 60 days notice, improperly marked as 30 day notice.
It appears to me that even though most of your complaints are valid, that you are also being a bit technical. I have not been able to find a law that backs up your claims regarding notice being defective because of some omissions, or sloppy typing.
I also cannot find law requiring landlord to send you copies of utility bills, although it would be a good idea.
Realistically speaking, it may be unwise to "rock the boat", because even though you are right, the landlord may still evict you. The law protects you for 180 days if the landlord attempts eviction to retaliate against you for complaining, but these are difficult charges to prove.
I might be able to help you more if I could see the lease, but my experience has been that most judges will take the landlord's side in these type cases. Where judges are serious about defective notices, it is usually in the area of defective 3 day notices, and there are serious problems with the defect, such as improper service, not waiting till the 4th day to file unlawful detainer, etc.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
