Landlord Rant

Miscellaneous and Personal Stuff I Must Share
1

So.

We have been renting our apartment for about 5 years; the first year was under lease, but since then we have been on a month-to-month basis. Our former landlord (the elder Mr. Chin) has decided that landlording is no longer what he wants to do, and has passed ownership of our building to his son.

The elder Mr. Chin had everyone paying at different times of the month depending on when they took residence; our rental due date, for example, was the 8th of the month, with a 3-day grace period before 5% late fees were due. This was fine with me; as an employee of the state of CA, I get paid once per month, anywhere between the 28th and the 4th.

The younger Mr. Chin has decided to have most of the business be handled by an apartment management company. Which is good by me, for the most part. We sent our first check to them on 8/3.

Here’s the problem: Per the lady at the management office, on 9/1 we’re all going to be getting new rental agreements from the mgt company. These agreements will take effect on 10/1, and as of that date all rent must be paid on or before the first of the month; on the 2nd, a 10% late fee will incur. For me, that means $150 penalty, which is pretty damn steep.

I tried to explain to her that I need more wiggle room; that my paycheck comes in at an inconsistent time, and that I don’t feel that zero grace period is fair. She reiterated that this is their standard policy for all their renters, and that I can either sign the new rental agreement when it comes out or find a new place to live before 10/1. (I haven’t actually seen the new agreement.) Given my current medical situation, plus the fact that I’m still working and my current apt is only 15 minutes from work, I very much do not want to move.

I talked a bit with the younger Mr. Chin, and he understands and is sympathetic to my situation; he said he will talk with the mgt company, but that he has already signed an agreement with them and may not be able to change things.

Which means I’m totally screwed over if that happens. AAAARRRRGGGGHHHH!!!

I’ve looked and that late policy might be illegal, but nobody is sure about it, and since it is 1) a new owner and 2) I don’t have a lease, I might just be SOL.

2

If they move the payment a week earlier - doesn’t that mean that they’re getting an extra week of payment from you?

If you pay in September 8th for the period from September 8 to October 8, and then they switch their payment to October 1, that means that you’re giving them four weeks worth of money (a whole month) for a three week period, rather than four weeks.

Is the management company going to pro-rate your September payment, because they plan on only giving three weeks of occupancy before they expect their October payment?

I know it’s three and four weeks exactly, but I’m too lazy to look it up on the calendar. You should, though, and bring it up with them. Then you can use the light September payment to start saving up to pay your rent on the new schedule, where you save a paycheck for an end of the month payment rather than take the payment out of the first of the month paycheck.

3

This doesn’t help for your first month or two, but overall don’t think of your rent being due a week earlier–consider it as being due 3 weeks later. Just hold money from the previous check. Having some cash on hand can save you money in a lot of little ways, and at some point it’ll almost certainly save you from some larger hassle.

4

I’m afraid you are. That’s one of the perils of being month-to-month; it only takes one month to change things. You could study your original lease and see if there are any clauses that apply to your situation. (The lease is still in effect, until you sign the new one, albeit on a shorter rental term.) Also, study the new one carefully. This may not be the only change you object to.

As mentioned, September should be pro-rated.

The transition is going to be tough. You have my sympathy.

I’ve always had the impression that California is very renter-friendly in its laws and regulations, and some cities even more so, and that advice on renter-landlord disputes is easy to find. Look around and see what there is in your city.

5

If you’re going month to month you should be on your knees thanking God that’s the extent of the change ups. Seriously, you are as vulnerable as a tenant could possibly be with a month to month tenancy. Just change up your payment schedule to pay a few weeks early and problem solved.

They may well request year term leases before too long. Month to month tenants are not desirable if the complex is being positioned to be sold as an investment.

6

I’d give Bay Area Legal Aid a call, they’re REALLY good at renter’s rights stuff.

Bay Area Legal Aid
Santa Clara Regional Office
2 West Santa Clara Street, 8th Floor
San Jose, CA 95113
(408) 283-3700 Toll-free (800) 551-5554

7

I was going to suggest this too, I agree with you 100 % !