Legal Question in Landlord & Tenant Law in California
I moved in to my unit (a condo) a month ago and my landlord is coming to me after paying 2 months rent and asking me to pay trash which is covered by the HOA, which I thought was the landlords responsibility. He says if i do not pay it then I will be evicted. This is not specified on the rental agreement at all. If he is changing the terms dont I have the option to end the lease since he is making changes. He came 2 months down the line with this and I think he is just trying to get extra money.
2 Answers from Attorneys
If it's not in the written and signed rental agreement, you're not required to pay it -- unless there's an unspecified "utilities" category that you're to pay. You might argue that trash is not a utility, and will have to research that issue. If he tries to evict you, the judge should see the unlawful detainer lawsuit for what it is -- trash.
The terms of the lease govern. If there is no provision stating that you must pay extra for trash removal and that such payment is deemed "rent," then you cannot be evicted for breach of lease or for non-payment of a fee that is not included as rent. If you are in a rent controlled unit, it is unlikely that your LL will prevail in an eviction action.
But you don't even want a suit filed against you. If a lawsuit for unlawful detainer remains on the court docket for more than 60 days after it's filed, it will go public, and you will be placed on the "UD registry," a blacklist. Try to convince your LL that if he files suit against you for a fee that he is not entitled to and loses, you will be awarded your attorney fees and costs, if the lease provides for attorney fees. If there is no attorney fee provision in the lease, you will not be able to recover attorney fees if you prevail.
Re-read your lease carefully and consult with an attorney as early as possible. Good luck.