Apartments for Cheap

Questions and Answers

Your Questions About Apartment Rental Agreement California

July 3, 2013

Richard asks…

How much notice do I have to give when terminating a rental lease?

I’m looking to terminate my apartment lease in the near future because I am moving out of state.

My contract states that I have to give 60 days notice, however, after speaking with some renters who thought that was odd, I looked up California civic codes (I live in California), and it seems that only 30 days are required for PERIODIC tenancies. However, I took periodic to mean a “month-to-month” tenancy, whereas I signed a 12 month lease.

Is my contract correct that I have to give 60 days’ notice, or is that in violation of civic codes? If you could provide a link to some gov’t entity which details this, and not a periodic tenancy, that would be much appreciated.

Administrator answers:

Usually it depends on your lease agreement, sincr your says 60 days, then I would go by that. I think the civic codes are probbaly used if an agreement has not already been made. In the event that those codes are to be used, 30 days is probably the minimum, I don;t think anything before that would be in violation. Also, you may want to double check, every apartment I lived in said it has to be “written notice”. Hope this helps, good luck!

Mandy asks…

Can you be charged a maitnance fee for an apartment rental?

My landlord passed the maintnance fee of $250 to me and i do not own the apartment

Administrator answers:

It’s strange you landlord did that. Typically, a rental lease agreement specifies the terms of maintenance. You should review the contract carefully. If it says the landord is responsible for any maintenance issues, you should not be liable. In California, it is a landlord’s responsibility to keep an apartment habitable.

Daniel asks…

If comany that i rent from files Bankruptcy 11, what happens to the tenants renting their apt units?

I live in california and just moved into a new apt this June, the company that owns the Apt. complex just filed chapter 11 and i am concerned what is going to happen to all the tenants that rent apt units from them. I have no lease, its on a month to month basis. Can we get evicted? if property becomes bank owned, essentially what does that mean for the tenants?

Administrator answers:

Since it is an apartment building I doubt that the bank or the creditors will throw you out. Most likely they will try and get the tenants to sign new rental agreements or leases. It is a whole lot easier for the bank or creditors to sell an apartment building that has tenants.

Just continue to make your monthly rent payments and wait and see what happens. There is a good chance that you will at some point make your rent payment to the bankruptcy trustee instead of the landlord. Also, in foreclosure and bankrupcy leases are void, unless the bankrupcy trustee claims them as an asset.

Paul asks…

Can my landlord raise the rent without written notice?

I rent an apartment in california. I looked at the lease agreement and see that they will raise the rent 5% every year on the lease anniversary and renew the lease on the anniversary date unless I give them notice.

Does this cover the management company from having to notify me of the amount of increase every year? The cost of housing is going DOWN so what justifies the rent raise every year?

Administrator answers:

I believe that rental codes vary by city, for instance, I know that San Jose, CA has different rental codes that where I live in Santa Clara. My advice to you would be for you to pose your question to the housing authority for the city where you reside, they would have the most correct information. Otherwise, I would think that the fact that you signed the lease, therefore agreeing to the increase in writing might bind you to that increase. I find that this handbook is really valuable in figuring out what my rights as a renter are:

Chris asks…

Are there apartments for rent in Southern California with areas over 2,000 sq ft?

For RENT not for buying! Are there communities that have apartments with the area of an apartment exceeding 2,000 sq ft in Southern California; especially in Orange County? Please give the site for such apartments.

Administrator answers:

Web sites are a good place to find an apartment or house to rent, if you want to go through the entire list to find one in your state and then city.

The best place to look for places to rent is to go to the yellow pages of your telephone book, look under property managers.

These individuals list properties for rent in certain areas, so make sure you select the areas in which you wish to rent.

Call several of the property managers listed there, tell them you want a list of properties that they have for rent. Some will fax, email or mail the list of local places to rent along with the address, number of bedrooms and bath rooms, amenities available, such as washer and dryers or gyms, the monthly rental of the unit. Most will include a rental application. These list will include the monthly rental required, if a lease or month to month agreement will be signed. They will also indicate if they will accept Section 8 vouchers. They will also indicate it they have disabled access, allow pets and if so the type allowed.

They might indicate a web site that you might visit to get their list of places to rent. It does not cost to get a rental list from a reputable property manager.

Some will require you to stop by their office and pick up the list. A lot of them post their list outside so the list are available 24/7 365.

Make sure you don’t fall for the scams and purchase a list as 70%-80% of these list are composed of free list they have compiled. They are not the property managers of any property in most instances.

You might also google Property managers in whatever city or community you want to live in and see what comes up. Again do not pay for this information as it is free from reliable property managers.

I hope this has been of some benefit to you, good luck.


Helen asks…

What are the consequences of terminating an apartment lease in Indiana due to marriage?

I need legal resources to back this up. Can a landlord hold you hostage to a lease when you are getting married?

Administrator answers:

Go online to check out the law at the link below. Basically, the landlord has to make a good faith attempt to re-lease the apartment, but can hold you liable for the months of interim vacancy if he cannot immediately find a new tenant. In addition to lost rental income, he can seek to recover actual damages, including attorney and court costs.

There is no allowable exception – including marriage – for breaking a lease, unless it is specifically excluded in the rental/lease agreement. I own properties in California and Arizona – specifics (like notice required, etc.) vary from state to state, but the same general rules apply.

That being said, there’s no reason you can’t negotiate something with the landlord. Talk with him, explain your situation, and see if you can come to some resolution – maybe you can offer to pay an extra one or two month’s rent. Just chalk it up to the cost of getting hitched. Whatever you do, if come to an agreement, get it in writing and have both of you sign it.

John asks…

Are there laws in California that ?

I just purchased a new home and have two months left on my rental agreement. In other states, the purchase of a new home is considered a legal reason to break a lease. I was wondering if California had a similar law.

Administrator answers:

No. However, if the landlord rents your apartment right away, s/he cannot keep your balance of the rent.

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