Legal Question in Landlord & Tenant Law in California
Transfered ownership on a rental property
8 years ago I paid 1st and last months rent as well as a deposit to move into my rental.Since then one of the 2 origional owners has died.She left her half of the property to her sister and the remaining half stayed with the the other owner.The origional owner decided to buy out the sister and take full ownership.He has requested a new deposit as well as 2 months rent by next month.He never returned my origional deposit or rent payments.He is also raising our monthly payment.There are several repairs that need to be made and he's been lagging for 6 months or so.Is he allowed to ask for another deposit and 2 months rent when he still has our origional money?And What can we do to get the repairs done without jeopardizing our contract?
1 Answer from Attorneys
Re: Transfered ownership on a rental property
The owner is absolutely outside of the law.
Eight years ago, you were treated illegally. California law for many years has been the following: Your initial deposit cannot be for more than one month rent (only exceptions are for a furnished dwelling or if you have a water bed). There is NO first and last month's rent. No matter what landlord calls it, the deposit is simply for three things: unpaid rent, damage by the tenant that is not ordinary wear and tear; and cleaning, but only if tenant leaves the dwelling dirtier than when tenant moved in.
When a new owner takes over, the deposit transfers to the new owner. A new deposit is illegal, as is two months rent. You are already owed back what was paid 8 years ago in excess of one month's rent as a deposit.
You probably need to retain an attorney to write a strong letter demanding your original 8 year old excessive deposit back.
You should also write, or have the attorney write a letter regarding the repairs.
As far as jeopardizing your lease, I would anticipate nothing but problems from this cheapskate, and would think about moving ASAP, as I can foresee nothing but problems ahead.
If you need more, please do not hesitate to e-mail, or call, my office.
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