Legal Question in Real Estate Law in California

Utilities charged by landlord

I have been living in the apartment complex for the past 4 years,and on a month to month basis for the last two.Yhe building was recently purchased and the new landlord is asking me to sign a lease which would now require me to pay for utilities,such as gas ,electric,trash, water and cable. This is in addition to the rent increase. Up to now, I have had my water and trash included, and have paid for my own gas,electric and cable....Now I am being asked to pay for utilities for the common areas..and the amount is unspecified and can increase with 30 days notice...Do I have any legal right to not have this addedum included in my lease,and if not, should not the amount be specified and for the term of the lease.


Asked on 2/19/00, 7:02 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Utilities charged by landlord

Since you are on a month to month, the new landlord can change the terms of your agreement with 30 days notice. He can change them in any reasonable way he wants.

You can ask for more information for the common area utilities, such as an estimate of how much or a cap on the amount, how they are calculated, and get reports to justify the amount. But there is not much you can do to refuse to pay. If you do refuse, you can be evicted.

There are exceptions if you can prove that the landlord is targeting certain groups for higher rent and additional fees, and not targeting others. I.e., if all black renters have to sign new agreements, but none of the white, - you may have a discrimination claim. But if he is treating everyone the same, you will have to agree or move.

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Answered on 2/23/00, 10:56 pm


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