My wife and i are about to complete a year into a residential lease agreement on a home rental. Our wish is to stay in the home for another year. We realize another lease will have to be signed. We were told by the property mgmt. company these are the things required to stay in the home, as long as the owner agrees. First,provide a letter signed by my wife and i, stating our intention to stay another year, Second, they want a 95.00 administrative fee, and Third, they want to do an interior inspection of the home. My question primarily is are these things legal to ask of a tenant?
Yes, all three are legal to ask of the tenant who desires to sign another lease. However, the admin fee is a bit unusual.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
The owner cares about having a tenant, not that the management company can charge additional fees. If you stay past the year term and the property management company continues to accept rent, then your agreement becomes a month-to-month tenancy. At that point they would have to give you a 60 day notice to terminate the tenancy. It's to their benefit to have you sign an additional year lease, so I would guess the administrative fee is negotiable or the owner would pay it.
Agree with other counsel other than to state that an advantage OR a disadvantage (depending on which way rental prices go) in signing another 1 year lease is that you lock in the rental rate. Many people prefer the month to month arrangement.
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