new rent applies one month after the exsisting lease expires?

[rich_taira]

I live in an apartment in San Ramon, California. As my current lease agreement is expiring on 4/3/2002, I requested the landlord to inform me of the new rent under the renewed lease presumably effective 4/4/02 onwards. I am glad to learn that the new monthly rent is lower than the existing rent, but the landlord is saying that the new rent is applicable on 5/1/02. I see this a little strange because there is no such stipulation in the lease agreement, thus I believe the new rent should be applicable on 4/4/02 and April rent should be calculated on a daily pro-rata basis with the current rent applicable to 4/3/02 and the new rent applicable thereafter. I suspect that the landlord (which is a NY Stock Exchange listed corporation) is trying to stretch the term so that they can enjoy the existing higher rent continuing to be applied until the end of April???. Is this legal? Or Does the landlord have any reasonable/justifiable reason to do so??
I'd appreciate your comments/thoughts.

 

[jmacgregor]

Have you contacted the landlord and asked why this is? If it's a company of that size, I'm sure they could have made a mistake of 1 month. At the same time, how would a NYSE corperation gain from the fluxuation in your rent? The amount gained from you would essentially be un-noticed by a firm of that size.

I would bring your situation to their attention in an inquisitive manner and see what you get in return. I would be interested to hear, too.

jM

 

[Michael Wechsler]

I agree with jmacgregor. To begin, if your lease expires, absent other words to the contrary, you would have a month to month lease. This would apply for the entire month until a party gives proper notice (30 days) to terminate.

I would highly doubt that the NYSE company is looking to "gouge" you for what really amounts to a few dollars, especially since this is not a recurring circumstance. It is far more likely that they are in some disarray.

Lastly, even if you could reduce the rent, which I don't think you can, analyze the cost versus benefit approach, including the time that may be required to discuss a very questionable issue. Additionally, they could show you the door -- it is an option to them since you don't have a lease...