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    Flipper96003's Avatar
    Flipper96003 Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 20, 2006, 02:06 PM
    California Lease
    I'm very thankful I found this site... it has proved to be very informative and the people that reply are greatly appreciated. I hope someone can answer my question as this is turning into a problem I hadn't expected!

    I rented a house property in July. The house was being rented by the owner, who was a bit eccentric but I loved the rental so much I was willing to work with the lady and her quirks. To try and make a long story short, I paid the deposit, first and last months rent, and signed a one year lease agreement. The landlord said at the time, that she wanted to keep things simple, and frankly; the lease agreement was very basic. It wasn't long before things got a bit weird. The landlord began calling me at work every other day, and in the evenings to see "how everything was going??" I finally told her she couldn't call me at work anymore, and she seemed to have her feelings hurt by this... (it was creating problems for me with my boss)...

    When I first signed the lease, she wanted my credit report. I agreed to request the report, but then she stated to forget it, and was only interested in the money that I provided for rent and deposit. I was to mail her the rent to her home, but then she changed her mind the next month, and set up a special account and gave me deposit slips, so I paid the monthly rent that way. *The lady changes her mind at the drop of a hat! Note: Included in the rent is a pool service and lawn maintenance. Also, there is a jacuzzi on the property, that I agreed to pay $50 dollars extra each month, or she was going to take it with her when she moved. I have a bad back, so this extra cost was worth it to me.

    About 3 months into the lease, I noticed the pool service wasn't doing a very good job, and only coming once every 2 weeks. The pool was constantly dirty, and when I complained to the landlord, she took it personally and proceeded to tell me that there were too many pool toys (I have a son) around the pool?? Not true. About 3 weeks ago, the jacuzzi quit working, and I had the pool person take a look at it. He told me he would have to call in a electrician, and we both notified the landlord. She told me it would be 3-4 weeks before someone could come in to fix it... but made no offer to reduce the rent during that time.

    A month has gone by and no one has come to look at it, as well as the pool guy hasn't been here in 3 weeks. Like I said this is all paid for in the monthly rent and is part of the lease agreement.

    A week ago, I received in the mail a letter from a local property management stating that the owner had contracted with them, and I'm to fill out a "NEW" Lease Agreement; which has 10 new addendums to it. I'm now to pay this property management service, instead of making deposits into the special account the landlord had set up. There are several new addendums on this new lease that quite frankly I'm not comfortable with. I called the property management place a voiced my displeasure. They were rude, and told me that I need to comply with their request? They also said I need to bring them a copy of my credit report??

    My question is can a landlord break a lease this easy? I'm caught a bit off-guard by all the changes they want to make... and they want to do a new walk-through? If I had wanted to go through a property management company in the first place I would have, but this was attractive because the owner seemed like a nice lady when I first met her. Like I said, she changes her mind with the wind, and I'm not comfortable with this new arrangement that has rules in it that if they were part of the original contract I never would have signed it in the first place.

    What are my rights as a California tenant in this case? I haven't signed the new lease, nor have I complied with their requests... do I have to?

    Thank you for taking the time to read this... I'm a bit confused and overwhelmed.

    Flipper:o
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
     
    #2

    Sep 21, 2006, 08:00 AM
    I'm a former CA RE broker and property manager...

    Your current lease stands even with new property management company. If they ask for a new rental application you should provide that information if the owner does not have it to pass on.

    Start paying your rent to the PM company AND include a list of the items that need to be taken care of AND any of the agreed upon service providers - yard guy, pool service, etc.

    You need to view this as a way to get the property maintained the way you want AND not have to deal with your landlady who seems a little crazy to me too.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Sep 21, 2006, 08:48 AM
    I agree with Cville, that this may turn out to be a good thing in that the old lady may have realized she bit off more than she could chew as a landlord.

    Also, your current lease is in effect and they can't change it without your agreement.

    You DO need to keep paying rent. Though I would get proof that the owner has contracted with managers first.

    Now the question becomes whether you want to stay past the year. If you don't think you do, then don't sign the new lease. If you do want to stay, then negotiate a new lease that you will be comfortable with.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #4

    Sep 21, 2006, 09:08 AM
    Hello flipper:

    The management company took over your existing lease. They cannot require you to enter into a new one. In addition, I would not supply them with any more personal information.

    It sounds as though your relationship with the management company is starting on an adversarial footing. That's not good, but if it's so, then it's so. I would however, take civilcpm's advice and attempt to use the change to benefit you.

    I would do it in writing. I would do it that way for two reasons; one to preserve and document all communications should the case wind up in court, but secondarily (and most importantly), you want to let this management company know that you're not about to lay down for them. You do that, not to assuage your ego, but to encourage them to act. One way to let them know you are a serious person is that you DOCUMENT everything.

    Hopefully, that will get them to act according to your lease. If not, then at least you know where you stand.

    In your letter, be polite. Let them know, that you know, that your current lease is valid. Then demand (politely) that they fix everything, and allow you to hire and supervise the pool cleaners. Send your letters certified, return receipt requested, and document every phone call with a follow up letter. I would, however, try NOT to talk to them on the phone.

    excon

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