Legal Question in Real Estate Law in California
Key Money
Our lease is about to expire and we have asked for a new lease agreement (in writing). Our landlord calls us and tells us that in order for us to have a chance at the lease, we have to send him a letter stating that we are going to be paying him a key money amount of $15,000.00 (the suggested amount by the landlord). Is this legal? Can our landlord do this? Thanks in advance.
2 Answers from Attorneys
Re: Key Money
"key money" is a tactic often practiced by many landlords, and the legality of such is somewhat questionable depending on the nature that it is done or requested. what i would strongly suggest to you would be to retain legal representation in this matter now for negotiations with your landlord regarding this requirement for a new lease and/or possibly retain house counsel on a monthly basis to help minimize or eliminate such business concerns now and in the future. a house counsel would probably do wonders for your company hands down and at a very affordable rate. if you would like further legal assistance in this area right now and/or in the future, feel free to email my office directly with how you may like to proceed.
Re: Key Money
Yes, it's legal in a commercial setting, and probably not in a residential setting where deposits and anything masquerading as a deposit is subject to statutory limits.
Whether it makes business sense and whether it is negotiable, a strict requirement, or a big bluff depends upon the economics of the market in your area for that kind of property.
My experience suggests that anything that amounts to a whopping increase in rent or deposit requirements in today's market is a bluff unless you have been a less than ideal tenant and the landlord would rather be rid of you.
Therefore, my suggestion is to stop exchanging writings and ask for a face-to-face negotiation, in which you should examime the landlord's attitude and try to get to the bottom line.