Legal Question in Landlord & Tenant Law in California

My landlord is charging me �extra� $25 for garbage services; however, the rental contract reads:

The following utilities and services to or for each space are not included in the space rent and will be billed separately from the space rent except as otherwise stated.

(b) Garbage service is required and is provided to or for each space. either by can or by the availability for a dumpster on site and the cost is currently included in the rent.

Am I reading this correctly?

It seems to me that if it reads on line (b), "cost . . . included in the rent,� I should not be charged for the garbage. However, the previous line reads, �following utilities . . . are not included� Therefore, it sounds as if the contract contradicts itself?


Asked on 11/23/10, 4:25 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

My reading is that currently the garbage is included in the rent but in the future it may not be. So you should not be charged the $25.

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Answered on 11/28/10, 6:31 pm

The first part says "except as otherwise stated," and then it later states "is currently included in the rent," which is stating otherwise about garbage. There is no contradiction. As of the date of signing the rental agreement garbage is included in the rent. As of any other time in the future, the landlord can modify that and start charging, because it being included in the rent is only "currently" as of the date of the agreement. Technically he should issue a modification to the agreement, but that is not really legally required. Any time after "currently" meaning the date of the agreement, the agreement allows him to charge for it.

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Answered on 11/28/10, 8:03 pm


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