Legal Question in Real Estate Law in California

Rent Overcharge

The apartment complex where I live has been reducing the amount of rent (significantly) to intice new renters. when I approached the manager with this info and asked to have my month to month rent reduced. I was told it couldn't be done. Do I have any recource?


Asked on 9/22/03, 6:35 pm

4 Answers from Attorneys

Re: Rent Overcharge

Yes. Find another apartment elsewhere at a lower rent. Before you sign a lease, go to your manager and ask if he wants to match the lower rent or see you move out.

This is called competition and you won't even need a lawyer to do it.

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Answered on 9/22/03, 6:42 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Rent Overcharge

The deals they make with other renters don't affect your own rent--this depends on the deal you struck with them. You're free to negotiate a deal yourself. They've said no so far, but may do so if you find a better deal elsewhere. Keep in mind, though, that they're not obligated have everyone pay the same rent.

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Answered on 9/22/03, 6:50 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Rent Overcharge

Whether you have recourse or not seems to depend upon whether you are month-to-month or are locked into a long-term lease with months to go.

If you are month-to-month or on a long-term lease that is about to expire, Mr. Snitow's advice would be mine as well. Use the leverage of a possible move to negotiate a better deal.

If on the other hand you are locked in, there is very little you can do. Signing a long-term lease is a commitment by both landlord and tenant, and you get the burdens as well as the benefits. There is no law against differential pricing (in most contexts), as anyone who has looked into airline fares can tell you.

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Answered on 9/22/03, 6:52 pm
Michael Olden Law Offices of Michael A. Olden

Re: Rent Overcharge

no

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Answered on 9/22/03, 9:18 pm


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