Legal Question in Real Estate Law in California
Lease Renewal
My partner and i are at the end of our 13 month lease. We received the terms of the new lease only 10 day before our exsisting lease was to end. To our surprise they are asking for an $850 security deposit after 13 months of on time payments. Is this a violation? Also with the lease paperwork is a waiver to our right to be notified 90 days in advance if the owner wants to sell the condo/apartment. If we renew our lease, can they make us sign this waiver?
2 Answers from Attorneys
Re: Lease Renewal
You can negotiate terms of a new lease or go month-to-month if the owner agrees. They don't have to be unilaterally imposed.
Re: Lease Renewal
I really don't understand the waiver. What difference does it make to you if the owner sells the condo? It would have no effect on your lease; you would just have a new landlord (unless the lease contains a specific cancellable-upon-sale clause, which is unusual but not unheard of).
Think of a 1000-unit apartment building. If it changes hands, are they going to kick out all 1000 tenants? No way! The buyer wants uninterrupted income. Not only that, they can't kick you out. A lease gives you rights that survive ownership changes. Usually. Unless it says otherwise in black and white.
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