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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2982
Experience:  Litigation Attorney
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I have been a tenant plus years and have recently

Customer Question

I have been a tenant for three plus years and have recently married, there is no increase in the rent. I have a two bedroom and am paying the the full amount for that unit. I am 81 years old. the landlord had me fill out a credit report request for her; and they came back with a request for 467 usd. my wife has no credit history as she just moved here from china. I do not have any additional rent to pay because she has move in with me. they did charge me 45 usd to add her to the lease. I feel this is unfair and predjuice and discrimination. please help!
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.
What does the lease say regarding roommates if anything? Also what state are you from?
Customer: replied 1 year ago.
roommates, nothing, she is not my roommate but my wife. I am from california
Customer: replied 1 year ago.
please reply tpday
Expert:  Christopher B, Esq replied 1 year ago.
I understand, but does it allow roommates or additional people to live with you under the lease? Also was this increase done at the end of the lease or during? Are you rent controlled?
Customer: replied 1 year ago.
yes the increase was requested at the start of a new lease period, there is no increase in the lease amount, only a fee to add her to the lease and a one time charge for an increase in security deposid
Expert:  Christopher B, Esq replied 1 year ago.
Also what kind of lease to you have? yearly? month to month?
Customer: replied 1 year ago.
yearly lease
Customer: replied 1 year ago.
I have a yearly lease that is up for renewal aug 1, 2015
Customer: replied 1 year ago.
what is going on. please advise !!!
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. In California, the landlord has the right to increase the rent whenever he/she please. Usually, when you rent the stipulation is can each person in the place cover the rent. For example if you both break up and you leave can her job keep her in the apartment. Many places may also want to have her added to the rental agreement (like here) and will want to run a credit check on her as well (as they did here). The landlord is within his/her rights to raise the rent because as an additional person, your wife could become a subtenant and owe rent to you causing many problems for a landlord and your lease may even prohibit subtenants. In order to have another party in the apartment (your wife) she must be added to the lease and is reasonable for the rent if you cannot pay it. This simply protects the landlord and a landlord can raise the rent. For an increase for an additional tenant, the landlord must still give proper advance written notice of the rent increase. The written notice tells you how much the increased rent is and when the increase takes effect. The landlord must give you at least 60 days' advance notice if the rent increase is greater than 10 percent of the rent charged at any time during the 12 months before the rent increase takes effect. Civil Code Section 827(b). The fee to add her to the lease would constitute a rent increase and as long as the landlord has followed the previous requirements, he/she can legally raise your rent.Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)
Expert:  Christopher B, Esq replied 1 year ago.
Sorry, just typing out my answer.
Customer: replied 1 year ago.
I repeat, the rent was not increased, only added her to the lease $45 total , what I am contesting is the increase in surcurity deposit of $467. why is this necessary as I have been paying the rent for the last three years.????
also as a senior at 81 years old is this legal
Expert:  Christopher B, Esq replied 1 year ago.
California Civil Code Section 1950.5 governs security deposits in the state of California.From the California Dept. of consumer affairs:http://dca.ca.gov/publications/landlordbook/when-rent.shtml"New tenant processing fee - A landlord might charge you a fee to reimburse the landlord for the costs of processing you as a new tenant. For example, at the beginning of the tenancy, the landlord might charge you for providing application forms, listing the unit for rent, interviewing and screening you, and similar purposes. These kinds of fees are part of the security deposit." Civil Code Section 1950.5(b) "The law limits the total amount that the landlord can require you to pay as a security deposit. The total amount allowed as security depends on whether the rental unit is unfurnished or furnished and whether you have a waterbed.Unfurnished rental unit: The total amount that the landlord requires as security cannot be more than the amount of two months' rent. If you have a waterbed, the total amount allowed as security can be up to two and-a-half times the monthly rent.Furnished rental unit: The total amount that the landlord requires as security cannot be more than the amount of three months' rent. If you have a waterbed, the total amount allowed as security can be up to three-and-a-half times the monthly rent." Because the landlord is allowing another tenant on the lease, the additional tenant can be charged a security deposit as well. There are limits for the amount of security deposit. For an unfurnished apartment that limit is 2 months rent for a furnished it is 3 months rent. So if the security deposit you paid originally and this new security deposit increase now is more than 2 months rent (assuming unfurnished) then it would not be legal according to California law. I also assumed this is not rent control as those rules are somewhat different as well. Please let me know if you have any further questions and please positively rate my answer if satisfied.
Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer, please let me know if you have any further questions and of not please positively rate my answer as it is the only way I will compensated.
Expert:  Christopher B, Esq replied 1 year ago.
Do you need help with the rating system? We answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.

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