Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

I have been a tenant plus years and have recently

Customer Question
I have been a tenant...
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: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 2 minutes by:
7/30/2015
Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Christopher B, Esq
Category: Landlord-Tenant
Satisfied Customers: 3,011
Experience: Litigation Attorney
Verified
What does the lease say regarding roommates if anything? Also what state are you from?
Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
roommates, nothing, she is not my roommate but my wife. I am from california
Customer reply replied 2 years ago
please reply tpday
Lawyer: Christopher B, Esq, Attorney replied 2 years 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?
Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years 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
Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Also what kind of lease to you have? yearly? month to month?
Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
yearly lease
Customer reply replied 2 years ago
I have a yearly lease that is up for renewal aug 1, 2015
Customer reply replied 2 years ago
what is going on. please advise !!!
Lawyer: Christopher B, Esq, Attorney replied 2 years 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.)
Ask Your Own Landlord-Tenant Question
Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Sorry, just typing out my answer.
Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years 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
Lawyer: Christopher B, Esq, Attorney replied 2 years 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.
Ask Your Own Landlord-Tenant Question
Lawyer: Christopher B, Esq, Attorney replied 2 years 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.
Ask Your Own Landlord-Tenant Question
Lawyer: Christopher B, Esq, Attorney replied 2 years 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.
Ask Your Own Landlord-Tenant Question
Ask Christopher B, Esq Your Own Question
Christopher B, Esq
Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,011
3,011 Satisfied Customers
Experience: Litigation Attorney

Christopher B, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I was a resident in New York City for 40+ years. I left New
Second opinion] I was a resident in New York City for 40+ years. I left New York four years ago because I could not afford the rental market. I am devastated living in Florida. I am 71 years old, and … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
Law Educator Esq, I have a problem, 1st the court denied my
Good evening Law Educator Esq, I have a problem, 1st the court denied my mold report, because it wasn't enough what I submitted, which made me angry, because I spoke to MI&T about 5 times, even the ma… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have signed rent agreement for 6 months (Feb - July) today
I have signed rent agreement for 6 months (Feb - July) today in the morning but due to new circumstances I would like to resign.A) Is it possible without any consequences ? Or B) should I rent at leas… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I own a store where the tenant ( a kennel) has been for 4
I own a store where the tenant ( a kennel) has been for 4 years. His lease requires him to be insured. Recently, I asked him for his lease and he bought insurance to prove he had it - so he was not in… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
We signed a 1yr lease and paid deposit for a home that we
We signed a 1yr lease and paid deposit for a home that we are scheduled to move into on the 29th; now the landlord wants to cancel. What are my options … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
If we have had a mice infestation for over a year and we
If we have had a mice infestation for over a year and we have let the landlord know over and over. The only thing they have done is set mouse traps. The mice are still here and there are mice dropping… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
My landlord says I am in breech of my contact because of
My landlord says I am in breech of my contact because of mold and water damage,but I told the previous landlord who was their father, but he died a year ago...I have been living here since 2015 … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
I had a tenant that was dealing drugs and stuff in my house
I had a tenant that was dealing drugs and stuff in my house letting in every stupid idiot around my stuff is getting stolen and here about a week ago he died in the house and now all of his stuff is l… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I recently renewed my lease and it is set to start towards
Hi! I recently renewed my lease and it is set to start towards the end of January. I have already paid a part of the renewal rent on a prorata basis for January. When I logged on to check my account, … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I live in NYC in an apartment. A neighbor who;s apartment
I live in NYC in an apartment. A neighbor who;s apartment backs up to mine is harrasing me. She has a device that make my recliner bed anything i my aprtment vibrate. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Lease a home that the landlord lived in for a number of
Lease a home that the landlord lived in for a number of years immediately prior to renting it out to me. Landlord had no previous experince being a landlord. Multiple issues have been encountered (lea… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I just moved out of a home on 12/27/17. I still haven't
I just moved out of a home on 12/27/17. I still haven't received our deposit. The landlord said they will mail it 1/31/18. What are my rights since they are sending it after 21 days?We moved out of Ca… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I live in a 100 unit low income housing. I have been pay a
I live in a 100 unit low income housing. I have been pay a month or two ahead . my record shows by money orders that I am 9 month ahead in rent. My land lord is trying to say I am a dollar in the hole… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I moved into a new rental home on 1/6/18 and have not been
I moved into a new rental home on 1/6/18 and have not been able to flush a toilet, take showers or anything that involves water draining. The landlord was at first unresponsive until I told them the h… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My cousin was living in an apartment that was infested with
My cousin was living in an apartment that was infested with carpet beetles now now she has her belongings bedding and everything has holes in it and she wants to know if she can be reimbursed for the … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
In Tyler Texas we have a renter that owes $3600.00 for four
In Tyler Texas we have a renter that owes $3600.00 for four months rent. If she pays full amount is she allowed to still stay or can we ask her to leave? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
I have been renting a town home. For the last year I have
I have been renting a town home. For the last year I have been battling bedbugs after new people moved into the town home against me. I had lived there for a year prior to getting them. And I have nev… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If im suing for violation of the 21 day law and bad faith
If im suing for violation of the 21 day law and bad faith penalty which is 3 times the security deposit, can i also sue for twice what the damage cost was for bad faith as well? Or do i have to pick o… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x