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Limitations of a co-signer's responsibilities
Q: Our daughter got married and rented an apartment. Her father had to co-sign it was a one year lease. The marriage did not work out and she left about a month after the lease was up. Her soon to be ex signed a new lease that the landlord sent over. His check for the rent bounced and now they want her or her father to pay. Her ex went & paid cash for the rent. Now we just need to know how to get her name off the lease as well as her fathers. The lease was for a year. She thought that since she signed nothing at the end of the year that the old lease had not been renewed. The landlord says she is still responsible.
Denise
Pennsylvania
A: Your daughter and her father should not be responsible because, as you pointed out, the old lease expired prior to your daughter moving out. It might have been a good idea for you daughter to give the landlord a 30-day notice she was leaving. But, because the apartment wasn't completely vacated, it probably wasn't absolutely necessary. The landlord's simply trying to find somebody to pay the bill, which I wouldn't do. If a new lease was signed, your daughter and father are definitely off the hook because the new lease completely replaced the old lease.
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Deposit increases
Q: I have been living in my current apartment for about 5 years. I initially paid a $250 security deposit and a $250 pet deposit. They just recently increased both to $500 each. Is this legal?
My dilemma stems from the fact that the apartment easily could have been rented
at the rate that I was paying, or slightly more. However, the building has opted
to raise the rent 45% for a new renter. The management is expecting me to pay
the full term of the lease until they find a new renter.
Jerry
California
A: Because you've been living in your apartment for 5 years, I'm assuming that your initial lease term ran out and you have continued living there on a month to month basis. Your initial lease protected you from any changes in the agreement you had to occupy the apartment during the length of the lease. In other words, if you had a year lease, the landlord could not change the terms during the year.
After your year (or whatever term length) lease ended, you continued to occupy your apartment under the same agreement as your initial lease. However, both you and the landlord had the opportunity to change any term of the agreement with 30 days notice to the other party.
Most commonly, the landlord changes the agreement by increasing the rent with 30 days notice to you. The tenant most commonly changes the agreement by giving 30 days notice of an intent to vacate the apartment, or, in other words, to end the agreement.
The landlord can, however, change ANY term of your occupancy agreement with 30 days notice to you. In your specific situation, the landlord can increase the security deposit and the pet deposit during your month to month occupancy. You can either pay the increased deposit or give your 30 days notice and move out.
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Renewal fees
Q: My rental community is charging a $150 "renewal fee" if I want to renew my lease for another year. I've never heard of such a thing. This is in addition to the monthly rent and parking fee increase. What is this and is this typical?
Toni
Washington, DC
A: I've never heard of it before. It sounds like a way to put more profit in your landlord's pocket. I'd tell him you'd be happy to renew but you won't pay the renewal fee. Give him the strong impression you'll move. He probably thinks most people won't move and will just pay the $150. See if he'll agree to that, or try and negotiate a lower fee if he sticks to his position. If you've been a good tenant, I would think he'd want to keep you.
Remember, almost everything's negotiable, but it depends a lot on your bargaining leverage. If you leave, he'll have to clean, advertise and probably repair. He'll also have to take a chance the apartment might be vacant for a bit. Emphasize to him that it'd be much easier if he waived the fee and you stayed. |
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About Phil Rhodes
Phil Rhodes is an experienced commercial credit attorney in Northern California with his own practice, emphasizing bankruptcy, real estate finance, and other consumer and small business credit issues. Phil is also a happy renter, now on his sixth successful landlord-tenant relationship. |
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Disclaimer
Information provided by Phil or Greg should not be construed as real estate or legal advice. State and local laws may vary, so please consult legal counsel in your area with respect to your individual situation.
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