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Lanlord charges different prices for similar units

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AlexInCali

Member
What is the name of your state (only U.S. law)? California

My landlord is charging me more money to rent an apartment than other similar units. I live in an apartment complex with 10 units.

There are "re-modeled" and not re-modeled unites. Ours is not re-modeled. We are paying more than $150 more for our rent (month-to-month lease) than what the current open non-re-modeled units are going for. There is no extra space or extra amenities in our unit. Furthermore, the open units are going for a price that is even lower than what our original amount was, almost 10 years ago!

I could understand if this was some kind of promotional deal, but it's not. The lower prices are the normal prices. (the promotion is second month free or something like that, and of course I realize that's for new tenants only.)

We have lived in this unit for almost 10 years now. Why do I have to pay a higher price for my unit than my neighbors pay for the exact same type of unit in the same building?

Are there any legal issues with this? Is it legal for Landlords in California to charge different prices to different people for the exact same type of unit?

It feels a lot like discrimination to me. (I hate to play the Gay card here, but the Landlord certainly is aware that we are a Gay couple.)

Thanks in advance for feedback.
 


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Alaska landlord

Senior Member
If you are month to month, then one can make the case for a higher rent. Negotiate a new rate or give notice. One can also make a case for units facing the west or the east. For view or no view.
 
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AlexInCali

Member
Thanks for the replies

Thanks for the replies. Actually, all of the units have no view. There is a large fence around the property and its shrouded by trees so in fact none of the units here get any sun. (It's a small building... units are approx 700 sq ft).

I hadn't thought about asking for a new lease, rather than month to month. I'm now quite curious as to whether the landlord would be able to offer us a comparable price. My suspicion is that there will be some reason why this can not be done.

One thing I didn't mention is that my partner actually "works" for the management company. I say "works" because even though they call him the resident manager, the only payment he receives is a small discount on the rent. Even with the discount, we're still paying more than our neighbors will be, with no discount!

I'm almost thinking they are just trying to get the work for free by making our rent more than everyone else.

<sigh> I guess it's time to move.
 
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AlexInCali

Member
Also...

And before anyone says it... yes I am aware that in California a "resident manager" can not just be given a discount but in fact must be paid minimum wage.

In this case, he does not engage in most of the normal duties that a resident manager would do. For example, he does not deal with maintenance issues at all and tenants are not supposed to be knocking on our door for anything (though they frequently do).

His "job" is limited to showing the apartments, contacting prospective tenants, receiving and sending off first-month paperwork (Including handling the first months rent checks), doing light cleaning around the grounds, and sending a weekly report.

I believe that's what the "agreement" states, though he frequently performs other duties such as dealing with pest control companies and dealing with the guy that does the maintenance (though he himself does not do any maintenance).

So, my further question now is... is this arrangement even legal? There is an agreement on paper signed by both my partner and the Landlord stating that he will provide these services for x amount off of rent.

It sounds to me like he should be paid a wage, really.

Any thoughts? Any suggestions?

If someone familiar with California rental law can help I would GREATLY appreciate it.

Edit: I just looked at the paperwork and it's actually titled "Maintenance Agreement." The phrase "resident manager" does not appear anywhere on it. The paperwork actually refers to him as the "on-site assistant." I'm not sure if that matters?
 
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Gail in Georgia

Senior Member
It's cold in Alaska!

My father was a property manager (although back then he was called a "janitor") for three buildings in a Chicago suburb. Did this work for decades. We lived in one of the basement apartments rent free and he was paid a salary (not much which is why he managed three buildings).

Back then the focus was on janitors with a family; both the husband and wife took care of the place (mom cleaned the halls and insides stairs on a weekly basis), dad took care of the maintenance, both showed empty apartments, fielded emergency calls, tenants who had locked themselves out, etc..

Gail
 
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Cvillecpm

Senior Member
Alex * you are incorrect about the resident manager and their pay/rent agreement.

The independent contractor Maintenance Agreement you quote is ENTIRELY legal....the duties the manager performs is what is important * NOT your perception of what those duties SHOULD BE....give notice and MOVE!!!
 
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AlexInCali

Member
Cvillecpm said:
The independent contractor Maintenance Agreement you quote is ENTIRELY legal....the duties the manager performs is what is important
Click to expand...

I figured as much, since he doesn't perform most of the regular manager-type duties. In California, resident managers can not be given free or discounted rent in lieu of a wage. They must make minimum wage by law.

But he's not the resident manager. There is no resident manager.

We're going to start by asking if the price of our rent would be any different if we went to a 6-month lease, rather than our current month-to-month.

I'm curious to see what their answer will be. If it's no... we might actualy inquire as to why the apartments are cheaper for everyone else.

I mean, yes, ultimately we will move. But I'm still curious to know what's up, I guess.

Anyway... thanks all for the responses!
 
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Cvillecpm

Senior Member
In California, resident managers can not be given free or discounted rent in lieu of a wage. They must make minimum wage by law.

What makes you think this? Rent CREDIT v anticipated hours worked could well be minimum wage....Min wage credit can also include phone, gas, etc provided by landlord and reported on a 1099
 
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