Apartment and Rental Properties - Landlord says no under 18 alone in townhome-Legal?
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kathy007
05-04-08, 09:45 AM
I was a victim of the recent morgage scam (lease option on a foreclosed home). I am being forced to quickly move and my new landlord said the lease was "just the standard", so I foolishly signed it without reading (05/04/08 for 06/01/08 move in). I got home and read it and it says I can never have anyone under 18 alone in the townhome. Is this legal?
Other things in the lease were $150.00 if my rent is late (1st day and $25.00 per day thereafter.) Same charges if a check bounces. I have never been late or had a check bounce in my life, but this seems excessive.
He listed the type of cleaner I must use on the floors and where to buy it.
The lease also says that the landlord retains the right to all my personal property in the event of non-payment of rent.
This is a two year lease and now I am concerned about these clauses. I reside in California.
Other things in the lease were $150.00 if my rent is late (1st day and $25.00 per day thereafter.) Same charges if a check bounces. I have never been late or had a check bounce in my life, but this seems excessive.
He listed the type of cleaner I must use on the floors and where to buy it.
The lease also says that the landlord retains the right to all my personal property in the event of non-payment of rent.
This is a two year lease and now I am concerned about these clauses. I reside in California.
mitch17
05-04-08, 11:42 AM
Some of this may be valid, other issues might not be things he can enforce - here in WI the max late fee allowed by law is 6% of the rent. We also have a state agency called Consumer Protection that is consultable on issues like this. Would be good to check if you have something like that in CA.
goldstar
05-04-08, 01:20 PM
If you just signed it and haven't moved in yet, you may have a right to cancel, but that right, if any, varies from state to state. Now you know why people say to read the entire contract before signing. It could also be why the place was vacant.
Gunguy45
05-04-08, 01:38 PM
Just wondering about the under 18 alone in the home part. Could this really be meant so that a legal adult doesn't sign the lease, then let someone under 18 live there by themselves? This is one of the issues we ran into when my stepson wanted to move out on his own. Even if we co-signed on a lease, many places wanted someone over the age of 18 to actually be a resident, so he would have needed roommates.
Its a moot point now for him, but I was just wondering if that could be the intent.
Its a moot point now for him, but I was just wondering if that could be the intent.
twelvepole
05-05-08, 07:59 AM
Landlord tenant laws vary from state to state. Some cities have additional laws. Learn your state and local landlord tenant laws.
In CA "It is illegal for landlords to discriminate against families with children under 18. However, housing for senior citizens may exclude families with children." CA Penal Code does address children under age 18, requiring provision of adequate food, clothing, shelter, medical care, and supervision. A child left alone could substantiate neglect. This usually does not come into play unless a complaint is filed. Requirement for supervision addresses delinquent behavior. Penal Code also addresses parents can be cited for General Neglect/Failure and/or Child in Need of Supervision.
"Late fees must be reasonably related to the costs that your landlord faces as a result of your rent payment being late. A properly set late fee is legally valid. However, a late fee that is so high that it amounts to a penalty is not legally valid." Some communities have rent control ordinances that limit amount of late fee. If rent check bounces for NSF, there is usually a fee of $25 for the 1st time and $35 thereafter. http://www.dca.ca.gov/publications/landlordbook/index.shtml
Proper care and maintenance of the landlord's property is essential. It is not uncommon for landlords to specify particular floor cleaners. These are usually those recommended by the manufacturer for proper care and maintenance of the floor covering. Some do not allow DIY carpet cleaning machines because of potential to improperly clean carpet and to damage it. Often, changing of air filter and prevention of blocking cold air returns is specified.
Eviction of tenants for nonpayment of rent requires an intricate court process. Even if the landlord sends you a letter telling you that you are being evicted and must vacate the premises, you do not have to leave until after going to court. Lockout and seizure of property requires the landlord to go to court.
The point is that the landlord has the right to encourage tenants to pay rent on time. Both the landlord and the tenant rights are governed by law. Know your landlord/tenant law. If you pay your rent on time, you have nothing to worry about. If in doubt, have lease agreement reviewed by an attorney.
In CA "It is illegal for landlords to discriminate against families with children under 18. However, housing for senior citizens may exclude families with children." CA Penal Code does address children under age 18, requiring provision of adequate food, clothing, shelter, medical care, and supervision. A child left alone could substantiate neglect. This usually does not come into play unless a complaint is filed. Requirement for supervision addresses delinquent behavior. Penal Code also addresses parents can be cited for General Neglect/Failure and/or Child in Need of Supervision.
"Late fees must be reasonably related to the costs that your landlord faces as a result of your rent payment being late. A properly set late fee is legally valid. However, a late fee that is so high that it amounts to a penalty is not legally valid." Some communities have rent control ordinances that limit amount of late fee. If rent check bounces for NSF, there is usually a fee of $25 for the 1st time and $35 thereafter. http://www.dca.ca.gov/publications/landlordbook/index.shtml
Proper care and maintenance of the landlord's property is essential. It is not uncommon for landlords to specify particular floor cleaners. These are usually those recommended by the manufacturer for proper care and maintenance of the floor covering. Some do not allow DIY carpet cleaning machines because of potential to improperly clean carpet and to damage it. Often, changing of air filter and prevention of blocking cold air returns is specified.
Eviction of tenants for nonpayment of rent requires an intricate court process. Even if the landlord sends you a letter telling you that you are being evicted and must vacate the premises, you do not have to leave until after going to court. Lockout and seizure of property requires the landlord to go to court.
The point is that the landlord has the right to encourage tenants to pay rent on time. Both the landlord and the tenant rights are governed by law. Know your landlord/tenant law. If you pay your rent on time, you have nothing to worry about. If in doubt, have lease agreement reviewed by an attorney.