Legal Question in Landlord & Tenant Law in California

lease advice possible coercion

I have been leasing an apartment in California for two years. My lease expired and I have been renting month to month. Several month ago I informed my landlord that the lease had expired and they sent a notice in November 03 that a new lease was being typed up. In addition a formal notice was sent advising that the rent would increase to $ 820 a month from December 03. New neighbors have recently moved in and they have literally caused unbearable living conditions for the entire apartment block due to an excessive noise level. Numerous complaints have been sent to the manager by various tenants. I received a notice on the 26th of Dec indicating the following:'' This letter is to inform you that your new lease is ready to be signed. Please come into the office to sign your lease. It is not valid until it is signed, therefore you are on a Month to Month agreement until you have signed your lease and you will be accountable to pay the $ 100 fee until signed, Thank you for your timely cooperation on this matter''. Apparently management is attempting what I perceive as coercive tactics, i.e. a $ 100 penalty. Is this legal?


Asked on 12/27/03, 2:06 am

1 Answer from Attorneys
Martin Snitow

Re: lease advice possible coercion

If I understand correctly, the landlord will charge you $820 per month if you are on a lease or $920 per month if you are a month-to-month tenant. This is legal.

However, you should demand that the landlord correct the nuisance before you tie yourself down to a lease. You can ask the landlord to waive the extra $100 until this is done.

If all else fails, there are plenty of other apartments for rent and you may wish to move rather than suffer with this neighbor. Make this decision before, not after, you sign a lease!

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Answered on 12/27/03, 3:17 pm


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