Legal Question in Real Estate Law in California

Legal Definition

1) I would like to know the legal definition and the legal differences between the use of the terms ''resident'' and ''tenant'' in relation to renting in an apartment complex that provides month/month and yearly leasing.

2) Does an apartment complex have the right to reduce services that were originally provided when tenants moved in such as storage units, and accepting packages? Each apartment has a storage unit they were assigned at time of move in. The tenants are required to move their goods out because the complex decided to rebuild the storage units and charge a minimum of $50.00 per storage unit, first come, first served. In addition, the leasing office no longer accept packages from any UPS/FedEx or USMail, etc., for the tenants. The complex is a gated community and the doors are locked. Only the US postal Service has a key to access the post boxes inside the building. Other deliver persons must call the ''tenant'' to deliver, or leave a sticky-note on the outside door for anyone to read.

While not written in the contract, these services have been an implied and expected service for over 20 years. Now that they are changing the availability, do the tenants have any compensatory rights such as rental reduction?


Asked on 7/28/03, 1:56 pm

2 Answers from Attorneys

Re: Legal Definition

Unless you live in a rent-control jurisdiction, rents can be increased or services decreased at any time on proper notice (usually 60 or 30 days). A resident is someone who lives there and a tenant is someone who rents (or leases) a property. In an apartment complex they should be the same.

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Answered on 7/28/03, 2:08 pm
Judith Deming Deming & Associates

Re: Legal Definition

1) The difference between the terms "tenant" or "resident", if any, would be defined in the document where the terms are found. In other words, there is little grammatical difference,( save for the fact that "tenant" denotes that there is a landlord and there is a legal relationship, as opposed to "resident" which simly implies occupancy) but if their use in the same document is intended to refer to or reflect a difference, it would probably be spelled out in that document.

2) The landlord is within his or her rights to commence charging for storage and alter the manner of acceptance of deliveries, for a number of reasons: at the outset, since these are benefits the landlord never agreed to give you to start with, they have not breached the terms of their rental agreement with you; moreover, even if these benefits were in writing somewhere, since you are likely on a month to month tenancy, all they would need to do to alter the terms of the written agreement is to give you the proper notice that they intended to do so, just as they would with an increase in rents--it sounds like that is exactly what they have done. You have acquired no entitlement to these items simply because you have enjoyed them for 20 years; thus it is absurd to think that the landlord would owe YOU something if he chooses to now charge you for something you were never technically entitled to at the outset. Lastly, your recourse in the event that you are not happy with these changes, as it always is with a tenancy, is to move.

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Answered on 7/29/03, 12:34 pm


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