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1) Don't move to this place.
2) Stay in school and focus on grammar, although this is something you should have mastered before college. Punctuation is your friend.
Grammar? I'm an English Major and I'm close to getting a degree. I apologize if my grammar isn't "amazing" on a forum where I'm desperately trying to find an answer. And I also apologize that I'm on my phone where it auto corrects basically everything I type, even the punctuation.
Haha Grammar Nazi's. It's not that big of a deal on a forum.
It doesn't matter what the rental application or lease agreement says. California law says that landlords may collect up to 2x rent as a deposit. I understand her reasons why she would want to do it. It is less risky for her if she has to eventually evict someone(especially in California where evictions can take months).
Of course it matters what the application says. If they are going to put it in writing then that is their policy and they need to honor it especially if they are collecting an application fee that may be nonrefundable. It is all clearly a bait and switch by doing what they did and not justifying any of it.
OP, I would run for the hills if I were you. There are just way too many things that are wrong with this scenario. They are really jacking you around and trying to take advantage of you. I would ask for the application fee back and look elsewhere where they actually honor what they say and put in writing. Tell them when you signed the application fee form you signed it based on what it said, not what they are changing it to after you have paid. (and I am only basing this on exactly what you have stated it said). I hope you kept a copy of the original application that you signed and had paid the $250 for so you have proof. If they don't give you your money back tell them you will be contacting an attorney.
Imagine what they will be like once you move in if they are pulling this crap on you now.
Last edited by Corn-fused; 09-20-2015 at 04:37 PM..
State law supercedes any written contract between private parties. There's no point in debating that. It may be a bait and switch or it may be the landlord realizing she's renting below market. What difference does it make? OP wants to know what's fair. The only way to give that answer is by knowing the comparables in the neighborhood.
Of course it matters what the application says. If they are going to put it in writing then that is their policy and they need to honor it especially if they are collecting an application fee that may be nonrefundable. It is all clearly a bait and switch by doing what they did and not justifying any of it.
OP, I would run for the hills if I were you. There are just way too many things that are wrong with this scenario. They are really jacking you around and trying to take advantage of you. I would ask for the application fee back and look elsewhere where they actually honor what they say and put in writing. Tell them when you signed the application fee form you signed it based on what it said, not what they are changing it to after you have paid. (and I am only basing this on exactly what you have stated it said). I hope you kept a copy of the original application that you signed and paid the $250 so you have proof.
Imagine what they will be like once you move in if they are pulling this crap on you now.
Thank you so much for this. This is exactly what my suspicions were. I have the original copy that says I payed 250 for the deposit and the application fee. But she whited out what she originally said for rent and replaced it with the new total instead of giving us a clean copy with new fees. We're speaking to her tomorrow but you're right, I think I'm going to have to pass on this one completely. Because it just doesn't sound right at all.
And to the other person above: Yeah, most deposits around me run about 400-600 but I haven't seen anything more or less for the type of place we want.
Also, the unit doesn't have AC or anything, so I don't understand why they feel charging us the same price for an apartment that does is necessary. Because we see a lot of apartments around here that have AC for the same price. Which in San Diego is necessary, lol. But yeah thank you for your input!
Thank you so much for this. This is exactly what my suspicions were. I have the original copy that says I payed 250 for the deposit and the application fee. But she whited out what she originally said for rent and replaced it with the new total instead of giving us a clean copy with new fees. We're speaking to her tomorrow but you're right, I think I'm going to have to pass on this one completely. Because it just doesn't sound right at all.
And to the other person above: Yeah, most deposits around me run about 400-600 but I haven't seen anything more or less for the type of place we want.
Also, the unit doesn't have AC or anything, so I don't understand why they feel charging us the same price for an apartment that does is necessary. Because we see a lot of apartments around here that have AC for the same price. Which in San Diego is necessary, lol. But yeah thank you for your input!
The landlord realized she is collecting too little for her security, that's what happened. She's under no obligation to rent to you, you haven't signed any lease agreement with her yet. It's somewhat unscrupulous but it's not illegal and really it's not unfair either because she hasn't refused to return whatever deposit you have given to her yet.
If she does refuse to return the deposit, then you can go after her. She should return that without question as she changed the terms of the agreement.
It doesn't matter what the rental application or lease agreement says. California law says that landlords may collect up to 2x rent as a deposit. I understand her reasons why she would want to do it. It is less risky for her if she has to eventually evict someone(especially in California where evictions can take months).
Um, no. The lease is the Bible of the landlord/tenant agreement. Words mean nothing. What's on paper is what goes in terms of legalities. OP, I agree with the others there is no reason for her to raise the rent on you. The use of white-out instead of another paper is strange too. Move on and find another place.
Um, no. The lease is the Bible of the landlord/tenant agreement. Words mean nothing. What's on paper is what goes in terms of legalities. OP, I agree with the others there is no reason for her to raise the rent on you. The use of white-out instead of another paper is strange too. Move on and find another place.
So if I write my lease agreements to demand 10x rent as a security deposit, I can do that? Wonderful!
State law supercedes any written contract between private parties. There's no point in debating that. It may be a bait and switch or it may be the landlord realizing she's renting below market. What difference does it make? OP wants to know what's fair. The only way to give that answer is by knowing the comparables in the neighborhood.
Good grief, what planet are you from anyway? If you sign a contract then it is a contract based on exactly what it states. If you bought a car or a home and signed on the dotted line based on exactly what the contract said are you trying to tell me that if you went to pick up the car or get the keys to your new home and they changed the contract and jacked up the monthly payment and/or mortgage payment on you with no justification that you wouldn't be upset or want to back out of the agreement?
And the point here is NOT what the market rate is in the area. The point is that they are jacking people around and baiting them and switching on them. That is illegal in case you weren't aware.
And what do you mean 'there's no point debating that'? You are WRONG. Of course the state laws trump a lease but that only applies when a LL is trying to do something above the law, NOT below it. The state CA law states the 'maximum' that LLs are allowed to collect. If someone is going to actually put in writing that they will only collect a maximum amount of x dollars (BELOW the maximum state law) then they have to honor it or refund the money if they don't. If they try to ask for MORE than the state law allows then of course, they can't do that.
So if I write my lease agreements to demand 10x rent as a security deposit, I can do that? Wonderful!
Oh good lord, you are so off base here it is unbelievable
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