Landlord bought out, now asking for additional deposit

[kristay1]

What is the name of your state? California

We have been renting this duplex for 5 months for $825, when we moved in we had a deposit of $825, and $500 for our 2 dogs. The landlord has know about our dogs since the begining. Now, they have been bought out by another company, and we just received the papers on our door to sign, and in that they are saying that they want an additional $250 for a pet deposit. My question is, is this legal for them to do this since we already had an agreement with the prior landlord? Also we do not have a lease, we are month to month, and can they do this either way??

 

[Who's Liable?]

You DO NOT have to sign a lease with anyone you don't want to. However, most states stipulate that any existing deposit(unite and pet rental) be transferred to the new owner of the dwelling unit upon the sale of the unit. The new owner(LL) must take those deposits and put them in their perspective places. The same is true for leases. Existing leases would carry over to the NEW owner and they MUST be honored.

BUT, you are a month to month tenant. While the above is true for your deposits, the LL can legally evict you IF you decide to not sign the lease. The new LL can legally request more money for deposits, pet fee, etc. but must stay within the limits set by your states LL/T laws. Usually 30-days notice is given to evict a person

So don't be surprised if your refusal to sign a lease is followed by an eviction notice. And YES, that is legal...

 

[nanaII]

The OP didn't say anything about refusing to sign a lease. A lease wasn't the issue.

They stated that the new landlord wanted an additional $250 pet fee, and whether or not it was legal to ask for the additional fee.

 

[sd_beachbum]

Hi Kristay,
The following is cut and pasted from the legal opinion in California. The link is here .

SECURITY DEPOSIT INCREASES

Whether the landlord can increase the amount of the security deposit after you move in depends on what the lease or rental agreement says, and how much of a security deposit you have paid already.

If you have a lease, the security deposit cannot be increased unless increases are permitted by the terms of the lease.

In a periodic rental agreement (for example, a month-to-month agreement), the landlord can increase the security deposit unless this is prohibited by the agreement. The landlord must give you proper notice before increasing the security deposit. (For example, 30 days' advance written notice normally is required in a month-to-month rental agreement.)

However, if the amount that you have already paid as a security deposit equals two times the current monthly rent (for an unfurnished unit) or three times the current monthly rent (for a furnished unit), then your landlord can't increase the security deposit, no matter what the rental agreement says. (See the discussion of the limits on security deposits.) Local rent control ordinances may also limit increases in security deposits.

The landlord must give you proper advance written notice of any increase in the security deposit. (See "Proper Service of Notices.")

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They can raise the deposit with 30 days notice.
You've already paid $825 + $500 = $1325 in security deposits. Legally, if the duplex is not furnished, it can be increased to $825 x 2 = $1650 (if furnished it is 825 x 3). So the most the Landlord can raise the deposit is $325. They must give you 30 days notice, which I assume is what the paper was that they wanted you to sign. The good news is you can get it back when you move out if your dogs didn't damage anything. (No such thing as a non-refundable deposit.)

 

[BelizeBreeze]

O.K. let's try to get real here.

The lease and any remaining time on the lease was sold with the property. That includes deposits.

IF your current lease stipulates a deposit amount for the animals and does NOT allow for an increase, then none is required until the term of the lease expires.

You are NOT required to sign a new lease until such time as the current lease expires, nor are you required to pay additional monies to anyone for anything outside of the exact terms of the lease.

So, don't you think it's time to come back and tell us what your CURRENT lease says as to pet deposits?

 

[Who's Liable?]

The OP didn't say anything about refusing to sign a lease. A lease wasn't the issue.

They stated that the new landlord wanted an additional $250 pet fee, and whether or not it was legal to ask for the additional fee.

And if you read my original reply carefully, you would see that the question was answered.

A lease isn't an issue because no lease exists... They are a month-to-month tenant...