Do I even have a rental agreement?

by **max** » Thu Apr 12, 2012 4:01 pm

Answers from people familiar with legal principles and especially California law are most welcome. Others, not so much.

Making a long story short, I have some issues regarding maintenance in my apartment, where I've lived for about 5 years. Please don't answer "just move," because I like my apt tho there are maintenance issues. When I tried to formalize my complaints with the prop mgmt co, which I'll call XYZ Management, I ran into dead ends trying to find their street address, and have been unable to find a DBA or RE license for the exact company name.

The Dept of RE said their negligence to maintain the building and how they represent themselves is against their rules and suggested I file a request for investigation, which I did a few days ago. It got me to wondering if I have a valid rental agreement. It says it's between me and (my street address) and XYZ. (No further words or letters)

There's an LLC with my street address but I don't know much about it. According to county records, my apt is owned by 3 individuals, not an LLC (last I checked). I make my checks out to the one guy who has 50% ownership. As far as I can tell, there's no relationship with them and XYZ other than he hires them for management. I don't have his contact info either. (I drop my rent check through a mail slot in the building.)

What are the legal implications if I have a rental agreement between myself and two entities that either don't exist legally or are improperly identified? Does it carry any weight? Can they get me to sign a new corrected one, if I've been here 5 years?

by **han** » Thu Apr 12, 2012 4:05 pm

If you don't have a dated lease, you're automatically on a month-to-month lease. There are the same usual requirements for the lease, but either party can give notice (in writing) to vacate in 31 days

by **hardin** » Thu Apr 12, 2012 4:08 pm

If XYZ is hired as property management by the owner and acts as his agent, you have a 100% valid agreement. With month to month it really doesn't matter. All you or they need is to give 60 days notice per CA law. So expect that notice to show up soon now that you've had the investigation triggered.

by **crosbey** » Thu Apr 12, 2012 4:11 pm

I am in CA. This is very confusing. You state, :"The Dept of RE said their negligence to maintain the building and how they represent themselves is against their rules" Well, the Dept of NOTHING to do with apartment maintainance, there are no "rules" or any involvement at all. There are a few state laws, but the rest of it is all contract, all your private agreement.

Your lease is fine. The owner does NOT have to sign it, they can, and almost 100% of the time do, have a property manager who handles that. The agreement is further protected by law if rent is offered and accepted, so you have a legal agreement without even needing paper. There is no correction required, the signature of hte property manager, even if only on their copy of the lease, is good enough. As long as you signed it it is binding. You are correct in the terms of the 5 month contract you signed convert to month to month if no new contract was signed and no changes were submitted to you in writing.

by **ear** » Thu Apr 12, 2012 4:16 pm

I am in CA. This is very confusing. You state, :"The Dept of RE said their negligence to maintain the building and how they represent themselves is against their rules" Well, the Dept of NOTHING to do with apartment maintainance, there are no "rules" or any involvement at all. There are a few state laws, but the rest of it is all contract, all your private agreement.

Your lease is fine. The owner does NOT have to sign it, they can, and almost 100% of the time do, have a property manager who handles that. The agreement is further protected by law if rent is offered and accepted, so you have a legal agreement without even needing paper. There is no correction required, the signature of hte property manager, even if only on their copy of the lease, is good enough. As long as you signed it it is binding. You are correct in the terms of the 5 month contract you signed convert to month to month if no new contract was signed and no changes were submitted to you in writing.

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