Legal Question in Real Estate Law in California

Rent on lease renewal higher than market

Hi.

I am a tenant living in a 2 bedroom apartment in Fremont, California. I have recently been sent a lease renewal agreement to lock in my rent at the current rate I am paying. However, upon checking the website for my apartment complex, I discovered that the rent offered to new tenants who sign a lease for an apartment of the same model as mine get a rental rate $210.00 less than the rate that I am being offered on my lease renewal. When I contacted my landlord with this information, I was told that the lower rate is only for new tenants, not for existing ones. I was wondering if this is legal.

Thank you.

Sincerely,

MKH


Asked on 1/21/09, 3:37 pm

2 Answers from Attorneys
Sam Stamas Law Office of Samuel G. Stamas

Re: Rent on lease renewal higher than market

This is more of a negotiation issue than a legal one - that is - unless your contract or local ordinances have something relevant in them. (Other than rent control ordinances, I can't imagine what.) Generally, it's a free market and it looks like your landlord is just trying to fill vacancies with the reduced rents. You may want to contact your local housing agency and see if they can do something for you but I'm guessing it's a long shot.

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Answered on 1/21/09, 5:26 pm
Terry A. Nelson Nelson & Lawless

Re: Rent on lease renewal higher than market

Legal? Sure. That's called the free market.

Fair or acceptable? That's up to you. Stay or move is your choice. Negotiate if you can.

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Answered on 1/21/09, 7:00 pm


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