Q: The leasing office/management of my apartment is employing a scheme to shorten tenants' leases
My apartment claims that, based on their internal policy, they shorten our 12-month lease by a few days so that our lease can end on a Monday. For example, if your lease starts on May 25, 2023, a 12-month lease should end on May 24, 2024. However, they assert that according to their internal policy, all leases need to end on a Monday. Thus, they changed the end date to May 20, 2024, which will result in us losing 4 days' rent. Considering how high their rental fee is, several days' rent can amount to hundreds of dollars for each unit. When considering the lost rent from all affected hundreds of tenants for these days, the cumulative amount becomes substantial. I asked the management/leasing office to show us a copy of this so-called internal policy, but no one responded to our request. Could you please let me know if this is allowed under California tenant-landlord law? I have lived in many apartments in Missouri, DC, and NYC before, but never encountered this.
A: Your landlord is legally bound by the terms of the lease contract, just the same as you are. Their own "internal policy" has nothing to do with it. I suggest that you carefully read your lease to determine the end date. I also suggest asking the leasing office if they are going to pro rate the last month?
Peter J. Weinman and William John Light agree with this answer
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A: Under California tenant-landlord law, lease agreements are generally governed by the terms outlined in the agreement itself. It is important to carefully review the lease agreement you signed to understand the specific terms regarding the duration of the lease and any provisions related to lease termination. If the lease specifies a 12-month duration, the landlord typically cannot unilaterally shorten the lease without your consent or a valid legal reason. It is recommended to consult with a qualified attorney who specializes in tenant-landlord law in California to review your lease agreement, assess the situation, and provide accurate legal advice based on the specific details and applicable laws. They can advise you on the rights and options available to you and guide you on the appropriate steps to address this issue with the management/leasing office of your apartment.
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