Legal Question in Real Estate Law in California

renters: I moved into my apartment 3 years ago. When I moved in the manager only used my info. Now the new manager wants to add my husband to the least and wants to charge $35.00 for a credit check. Can they do that? They also say it may want more of a deposit, can they do that?


Asked on 5/15/11, 9:47 am

3 Answers from Attorneys

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

Changes like these cannot be made during the term of a lease, but when the lease is up for renewal, they can be made.

If you have a month-to-month rental rather than a lease for a definite term, the landlord would be allowed to make these changes, but only with prior notice, probably 60 days for most of them.

If the apartment is unfurnished, the deposit is limited to an amount equal to two months' rent, in addition to rent in advance. If it is furnished, three months rent.

Your Zip code suggests you are in an area where the local economy is strengthening rapidly, and landlords' expectations are probably on the rise.

Read more
Answered on 5/15/11, 10:52 am
George Shers Law Offices of Georges H. Shers

Try to convince the management that adding your husband to the lease does not increase any risks they face as you are still liable for the rent, etc., so there is no need to check his credit. Also argue that there is n need to increase the security deposit because there is no increase to them in the risks involved. However, because you have selected the greater flexibility of a month to month tenancy instead of several months or a year, you are stuck with their ability to change the rental terms at the end of each monthly terms [subject to proper notice]. Their next move will likely to be to raise the rent/ Consider whether you wish to freeze in the amounts by signing a long term lease.

Read more
Answered on 5/15/11, 11:21 am

Didn't believe me the first time you asked this question and I told you the same thing Mr. Whipple said?

Read more
Answered on 5/15/11, 12:43 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California