Legal Question in Landlord & Tenant Law in California

Deposit money used for monthly rent shortages

Imoved from a studio into a 2 bedroom apartment. At that time I was moving in with another person so we could share the rent. The property manager desided to increase the rent by $100.00 per month. Now the total rent due was $950.00 per month. 4 out of 8 of theother units were empty. 10 months later the upstairs unit (also a 2 bedroom) was going to be rented to a couple and rent was $850.00($100 less) Then the 1 bed room was rented for $750.00. The other tenents were never givin a rent increase.Finally the last 2 bedroom which is also a downstairs unit was rented to new people for $850.00 ($100.00 LESS than mine..) The manager bragged by telling the new tenents that she had not increased the rent on theases units for some time and she had no intension on doing so. At that point my room mate moved out and I started sending $850.00 just like everyone else. I felt discrimited against by the property manager. I have NEVER been late paying my rent the entire 3 years I lived in this complex.8 months had gone by when finally the prop. manager tells me I am to REPAY the $800.00 that she had taken out of my security deposit and applied to my monthly rent. LEGAL?


Asked on 5/10/05, 2:38 am

1 Answer from Attorneys
Martin Snitow

Re: Deposit money used for monthly rent shortages

A landlord does not have to charge everyone the same rent for comparable apartments. He can charge as much as a tenant is willing to pay. But the landlord cannot discriminate based on categories that are protected by law. If you are in one of those protected categories and others who are treated better are not, the landlord may have violated the law.

For example, race is a protected category. If you are black and pay more than a white tenant who rented at the same time you did, the landlord probably discriminated illegally. But if you signed a lease when rents were higher and the white tenant signed one when rents were lower, the landlord has no duty to reduce your rent. You have to wait until your lease ends and then negotiate based on what rents are then.

You can't change your rent without the landlord's agreement. If you have not paid the rent in full, the landlord can take the shortage from your deposit and require you to pay to restore the full deposit. If you don't the landlord can send you a 3-day notice to pay or quit, and evict you if you don't pay by the deadline in the notice.

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Answered on 5/10/05, 1:30 pm


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