Legal Question in Real Estate Law in California

Utilities

My lease is up in the middle of Feb / 2002 - I have been paying my rent with utilities included. Now the new managing company (last 2 weeks) states that the owners want everyone to pay their own utilities. They put meters in a couple of days ago. I am being forced to put electrical bill into my name even before my lease is up. I was notified by a little note that was left on my door only one week before they wanted me to call the electric company - Don't they have to give me 30 days with proper notification? - Can't I renew my lease as is? Don't I have that option? I feel like this new managing company is not taking a law code into consideration and they are forcing me to do what they want as soon as possible....don't I have any say?


Asked on 1/09/02, 4:26 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Utilities

They cannot charge you for utilities until your lease is up. If they want you to put electricity for your unit in your name, that is fine, but you can deduct from your rent any utility costs through the termination of your lease.

After that, you either negotiate a new lease, pay month to month, including your own utilities, or move to a new place.

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Answered on 1/09/02, 4:35 pm
Robert Shaw Law Offices of Robert F. Shaw, Jr.

Re: Utilities

Thank you for your inquiry.

Your question implies that you are engaged in something more than a month to month lease. As such, the management company cannot unilaterally modify the terms of your lease and start charging you for utilities until your lease term expires. If they do so, they are violating the terms of your lease.

Unfortunately, you are not entitled to renew your lease "as is" once it expires. You may request the same lease, or must negotiate new terms.

Good Luck to you.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com

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Answered on 1/09/02, 8:33 pm
Larry Rothman Larry Rothman & Associates

Re: Utilities

Any change in a month to month tenancy requires at least 30 day notice. In fact, as of 2002, if that amount is over 10 %, there must be at least 60 days notice.

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Answered on 1/12/02, 8:21 pm


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