Legal Question in Real Estate Law in California

Can my landlord force me to pay for another credit check?

Last week all of the tenants at our apartment complex received the following notification from the new property management firm now handling the complex:

Due to the recent changes in management it is necessary to update all of the forms on file. We are to make an appointment(which can take up to an hour)and fill out the attached new tenant credit application and also pay $25.00 for the processing.

I have lived her for over two years and am good tenant. I have already payed these fees when I moved here. I dont have a problem updating the records.What I do have a problem with is this new tenant application and the fees. The letter also states that this is a requirement or we will be evicted. Can you please assist me in the way to handle this?

thank you

Kellye


Asked on 5/21/01, 12:27 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can my landlord force me to pay for another credit check?

Imposing a one-time fee for things like this is a form of rent increase and would be subject, in general, to the same landlord rights and restrictions. For example, if you are on a long-term lease and your rent therefore is not subject to change, the $25 fee would be impermissible UNLESS of course there is a provision in the existing lease allowing the landlord to require updated credit checks from time to time, or upon change of ownership of the building, and there just might be such a provision.

If this is a month-to-month tenancy, I don't see how you can avoid the proposed charge unless you have very tight rent control in your town.

It's possible the new owner is not so much re-screening the tenants as dealing with his own credit and borrowing needs....perhaps the new owner's lender is seeking assurance that the rent income flow is secure. This is only an outside chance, but you can't assume that this process is an insult to the long-term, good-paying tenants.

It could also be that to avoid the appearance of discrimination the new owner has to ask everyone even though he is really seeking info about a relatively few borderline tenants.

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Answered on 6/25/01, 7:25 pm


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