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Old 09-15-2015, 01:24 AM
 
106 posts, read 223,218 times
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We paid a $1500 deposit upon moving in. Our first lease expired long ago and we were in month to month after that. LL is raising the rent now and wants to renew the lease - which is fine. We've been asked for an extra $100 for a deposit and I was wondering if that is legal?

Also, LL has promised a new garage door and that is noted in the lease, however there is no specific date listed on when the repair will happen just "after lease is effective". Just want to make sure should I request to have an estimated date listed on the lease for when the door will be installed in the case that no repair happens for months into the new lease?
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Old 09-15-2015, 02:16 AM
 
3,461 posts, read 4,705,814 times
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What state?
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Old 09-15-2015, 03:17 AM
 
106 posts, read 223,218 times
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Quote:
Originally Posted by corn-fused View Post
what state?
ca
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Old 09-15-2015, 03:46 AM
 
3,461 posts, read 4,705,814 times
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So you were initially on an annual lease and then went MTM and now you are going back to an annual lease?

Either way, see page 31 in this link:
http://www.dca.ca.gov/publications/l...k/catenant.pdf

Quote:
Originally Posted by PopTart21 View Post
Also, LL has promised a new garage door and that is noted in the lease, however there is no specific date listed on when the repair will happen just "after lease is effective". Just want to make sure should I request to have an estimated date listed on the lease for when the door will be installed in the case that no repair happens for months into the new lease?
If the garage is part of your lease agreement then it should be functioning because that is part of what your rent payment is going towards. It is up to you however, if it were me, I would at minimum definitely ask for a repair by date (and make sure it is soon like within a month after lease renewal which would seem reasonable) or he could take his old sweet time. But preferably, the repair should be done prior to the start of your new lease and if not, I would ask for a rent reduction until it is repaired.

Has the LL given you some reason why the garage doors are not installed yet? If the door(s) are on order or something I would think asking for a repair by date a month from your renewal date would be sufficient but I don't know the circumstances.

Confused. Is the garage a new addition or was it included in your lease ever since you moved in but just has never been repaired this whole time? So you can actually park in the garage but it just doesn't have doors?

Last edited by Corn-fused; 09-15-2015 at 04:13 AM..
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Old 09-15-2015, 01:31 PM
 
106 posts, read 223,218 times
Reputation: 15
Quote:
Originally Posted by Corn-fused View Post
So you were initially on an annual lease and then went MTM and now you are going back to an annual lease?

Either way, see page 31 in this link:
http://www.dca.ca.gov/publications/l...k/catenant.pdf



If the garage is part of your lease agreement then it should be functioning because that is part of what your rent payment is going towards. It is up to you however, if it were me, I would at minimum definitely ask for a repair by date (and make sure it is soon like within a month after lease renewal which would seem reasonable) or he could take his old sweet time. But preferably, the repair should be done prior to the start of your new lease and if not, I would ask for a rent reduction until it is repaired.

Has the LL given you some reason why the garage doors are not installed yet? If the door(s) are on order or something I would think asking for a repair by date a month from your renewal date would be sufficient but I don't know the circumstances.

Confused. Is the garage a new addition or was it included in your lease ever since you moved in but just has never been repaired this whole time? So you can actually park in the garage but it just doesn't have doors?
The current door is very old and brittle, we have used it throughout our time here. Recently, one of the springs broke and it was replaced. Then, when it began closing, the arm started thrashing into the springs upon each time it closed. I called a few repairmen to look at it and they showed me all the faulty work done, the door is very old, the spring thats being thrashed will break soon, etc etc and i reported this to my LL.

So currently, it functions but with the above conditions. Would i be justified in asking for a estimated date on when it will be replaced be written on the lease instead of "garage door will be replaced after lease is effective". It is a detached garage.
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Old 09-15-2015, 02:09 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,240,667 times
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Completely legal to increase the deposit amount as long as the total is within state limits. The deposit belongs to you the landlord just holds it and as such can increase the required amount at any time once the lease is over. As for the repair I suggest you get it repaired before signing a lease or ask the landlord to issue a repair by date, you have a lengthy thread about the spring already so I won't address that can of worms here. If the landlord refuses to repair before the new lease then you know where he stands and it isn't like he can evict you tomorrow over it, he can terminate Tenancy over it but has to follow the law or the old lease terms regarding that.
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Old 09-15-2015, 03:08 PM
 
3,461 posts, read 4,705,814 times
Reputation: 4033
Quote:
Originally Posted by PopTart21 View Post
The current door is very old and brittle, we have used it throughout our time here. Recently, one of the springs broke and it was replaced. Then, when it began closing, the arm started thrashing into the springs upon each time it closed. I called a few repairmen to look at it and they showed me all the faulty work done, the door is very old, the spring thats being thrashed will break soon, etc etc and i reported this to my LL.

So currently, it functions but with the above conditions. Would i be justified in asking for a estimated date on when it will be replaced be written on the lease instead of "garage door will be replaced after lease is effective". It is a detached garage.
Yeah, I remember this situation now that you have elaborated on the garage door debacle.
//www.city-data.com/forum/renti...oke-whose.html

Everything I posted in my previous post still stands as far as the garage situation and I posted the link for the information on the law for security deposit increases.

And yes, the LL can decide not to agree to the repair by date and/or not to renew your lease (only, of course, with proper notice mandated by state law on your current MTM lease) if they won't commit to a repair by date or requiring that it be fixed prior to signing a lease. It is a decision you will have to determine yourself as to what you want/decide to do.

Anything beyond all of the advice you have already been given here and in your previous thread, I suggest you talk to a tenant's union or a legal source in your area to find out what your rights and options are.
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