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LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35309
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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My charlotte i have been a tenant for 9 years, i was given a

Customer Question

hi my charlotte henderson i have been a tenant for 9 years, i was given a new rental agreement last night, it states my rent it gonna go up $200.00 dollars jan 1st, and they want to collect the rent on the 4th of the month when i have been paying it on the 10th of the month for 9years and i have it in writting, should i sign the new rental agreement?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: california i am aware, there is no rent control
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: on,but also i been having animals for the 9years.now the new agreement says no animals.but the land lord says its fine i can keep them,i know i need to have her put it in writting correct
JA: Anything else you want the lawyer to know before I connect you?
Customer: i been paying it on the 10th now its due on the 4th,it state an $120.00 late fee,i dont get paid until the 10th and for the past 9years thats when i have been paying it!
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 1 month ago.

Good afternoon Charlotte,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades.

Rent rates going up are just part of renting in the US lately. As for the date that the payment is due on, most landlords have rent due on the first of the month---whether they have a grace period or not and so your landlord wanting to make the rent due for the month due on the 4th is perfectly acceptable and is no reason for you not to agree to renew your lease for another year.

Unless you are going to refuse to continue to live there because of the rent increase then you should go ahead and sign the new lease agreement.

By the way---the $120 late fee is almost certainly illegal. CA only allows late fees that are approximate of the actual loss suffered by the landlord because they get the rent late. while $25 or $35 is generally acceptable, $120 for a late payment will almost certainly not be approved by the court if you fight it. Ignore the contract and what is says about the $120 late fee and if they r=try to charge you either just don't pay it or sue the landlord to get it back if you pay it.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 month ago.

Hi,

Is there anything else I can assist you with today?

Doug

Expert:  LawTalk replied 29 days ago.

Good day,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug

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