I need a copy of my signed lease for the apartment I'm living in. Landlord refuses to give me a copy. is that legal?

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My apartment landlord never gave us a copy of the signed lease like he said he would when we first moved in. I now need it to prove I am living here for medical insurance, and he refuses to give me a copy. It's been just over a year since we moved in and we have never received a copy like he promised. Is that even legal? What can I do about that? Is it still a binding lease if I never received a copy and he refuses to give me one?

Attorney Answers

4
Matthew Rives ·
The owner of the rental unit or the person who signs the rental agreement or lease on the owner's behalf must give you a copy of the document within 15 days after you sign it. The tenant can also request a copy of the agreement once a calendar year and they have to provide it. If by chance they do not have it, they still have to give you something in writing with some basic information about where the tenant can find the owner, to whom you make your rent payments and in what form. Please review Civil Code 1962. I would write a letter requesting a copy and be very nice about it. Get a tenants' rights book by Nolo Press, or go on the Department of Consumer Affairs website for helpful information about renting.
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William Fitch ·
Your apartment manager has basically made himself a party to any lawsuit between you and the owners of the property. That's pretty much the remedy here, as the statute does not speak to monetary damages.
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Cheryl Smith ·
I agree with my colleagues. Contact a local landlord tenant attorney.
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James Driscoll ·
Civil Code §1962, et seq., REQUIRES your landlord to give you a copy of your lease.
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