Legal Question in Landlord & Tenant Law in California
What are the tenant-landlord rights in California regarding the following:
1. Former landlord is refusing to send me the final water bill and a copy of the water increase letter to me after several requests for it by e-mail. The water company can only send this information to the shareholders. Have been asking for it since last year.
2. Former landlord never informed me about an increase in the water rate.
3. Lived at the same address for 3 years. Signed a one-year lease only; balance of stay was on a month-to-month basis. Lease stated to give a 60-day notice when moving. Is this still honored if it's month-to-month? If not, is a 30-day notice the norm? I gave a 45-day notice.
4. Amount of rent asked for was $750/month. Could not afford, so landlord took $100 off for the first 3 months. Landlord never asked for the $750, but kept it at $650. After my significant other had a severe accident, he spoke to the landlord about the possibility of lowering the rent. They agreed upon $500, which the landlord affirmed to me over the phone. After e-mailing the landlord about where to send the deposit ($500), we were told they took out $136 for the water bill from the deposit and $20 for removing a lathe (outrageous price, plus they probably kept it). Also, they claimed that since we were not paying the $750 they were not going to reimburse us any money. Whose side is the law on?
1 Answer from Attorneys
I assume that the landlord only signed the lease agreement, and that all subsequent reductions in rent were on a handshake. If this is not the case, then my answer could be different depending on the circumstances. But, if the only signed agreement that you have with your landlord is the lease, then chances are the landlord will prevail as you would owe past-due rent, and the landlord will be able to retain your $500 security deposit in order to pay the past-due rent.
If the landlord signed a subsequent agreement to charge you less rent, as to the question as to whether your landlord would be able to retain your security deposit and the other question about seeing the water bill, I would need to see your lease in order to advise you what your rights are with regard to these matters.
Make sure your demands are always made in writing, keeping a copy of the writing for your records. If reductions in rent are made, send the landlord a confirming letter that the landlord has reduced the monthly rate to $500. Have your landlord sign a letter agreement, then return the letter agreement to you confirming that the rent is now $500 on the property.
Otherwise, when you move out, your landlord will retain your security deposit and sue you for all of your past-due rent at the rate cited in your lease, i.e., $750/month.
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