How Much can a landlord charge?

[xiuxiuamber]

What is the name of your state (only U.S. law)?
California

Hello all,

My 'landlord' is a subleasing the house. I am wondering do I have legal right to ask to look at the contract between her and the owner(or landlord) of the this apartment?

Secondly, on the first day arriving in a new city, this 'landlord' verbally threatened me, in fear of my own safety and ignorant of any law at the time, I signed the contract under pressure. But the rent is way too high: I live in this apartment sharing in a small room with another person, this 'landlord' charged her 900 dollars/month and charged me 1200 dollars/month. The situation when I signed the contract was not through mutual consent but coercion. I am wondering can I ask to re-negociate the price for the apartment and is there any legal support in regulating the rent price?

How much can a landlord charge me?

 

[FarmerJ]

No you do not have a right to see the original lease that is between the actual owner and the tenant you are in a sublet with BUT the deal is that the one you are subletting from is 100 % obligated to follow your states laws for landlord and tenant because the law does not excuse them just because they dont own the place. maybe not as to the amount of rent you have not said what city you live in ,IN your state there are a small number of places with rent control types of laws so if your in one of the many ca communities that do not have such a thing on the books then there is no regulation of what the rent amounts can be.

 

[xiuxiuamber]

Reply

No you do not have a right to see the original lease that is between the actual owner and the tenant you are in a sublet with BUT the deal is that the one you are subletting from is 100 % obligated to follow your states laws for landlord and tenant because the law does not excuse them just because they dont own the place. NO as to the amount of rent you have not said what city you live in ,IN your state there are a small number of places with rent control types of laws so if your in one of the many ca communities that do not have such a thing on the books then there is no regulation of what the rent amounts can be.

Thank you very much for your kindness and response.

When I asked to re-negociate the rent price, is it legal that this 'landlord' ignores the message and never responds to me?
One more question, how much does recorded verbal agreement count in court?
Finally, I just found out that the price she rent this whole apartment is around 2000 dollar/month, and she is subleasing to four of us for more than twice the price she rent this apartment, will this piece of evidence be in favor of us(me) in court?

 

[TheGeekess]

Thank you very much for your kindness and response.
I am a student at berkeley.
When I asked to re-negociate the rent price, is it legal that this 'landlord' ignores the message and never responds to me?
One more question, how much does recorded verbal agreement count in court?
Finally, I just found out that the price she rent this whole apartment is around 2000 dollar/month, and she is subleasing to four of us for more than twice the price she rent this apartment, will this piece of evidence be in favor of us(me) in court?

Nothing (yet) against the law about making a profit on legal activities.

 

[Proserpina]

Thank you very much for your kindness and response.
I am a student at berkeley.
When I asked to re-negociate the rent price, is it legal that this 'landlord' ignores the message and never responds to me?
One more question, how much does recorded verbal agreement count in court?
Finally, I just found out that the price she rent this whole apartment is around 2000 dollar/month, and she is subleasing to four of us for more than twice the price she rent this apartment, will this piece of evidence be in favor of us(me) in court?

Do you mean you recorded a conversation with the landlord?

If yes, did you have permission?

 

[xiuxiuamber]

Do you mean you recorded a conversation with the landlord?

If yes, did you have permission?

The reason I recorded her was that she changed her words about wifi, about price, about deposit all the time and cheated us on multiple occasions.
In addition, she is verbally abusive and has yelled at us, threatened us so many times that if I didn't record it down, I have no evidence at all.
Finally, I don't have money to consult a lawyer.

She definitely noticed the existence of the recorder, because I held it in my hand in front of her, informing her that all her words are recorded, she d better be careful in what she said.

But the official answer to this question, at least from her mouth, would always be, no.
If she claimed to be not aware of my recording and contradicted whatever she said in the recording, does the recording do any good to me in the court?

 

[Proserpina]

The reason I recorded her was that she changed her words about wifi, about price, about deposit all the time and cheated us on multiple occasions.
In addition, she is verbally abusive and has yelled at us, threatened us so many times that if I didn't record it down, I have no evidence at all.
Finally, I don't have money to consult a lawyer.

She definitely noticed the existence of the recorder, because I held it in my hand in front of her, informing her that all her words are recorded, she d better be careful in what she said.

But the official answer to this question, at least from her mouth, would always be, no.
If she claimed to be not aware of my recording and contradicted whatever she said in the recording, does the recording do any good to me in the court?

It wouldn't even get to court - it's not admissible, period.

But did you inform her before the recording started, or after?

 

[xiuxiuamber]

It wouldn't even get to court - it's not admissible, period.

But did you inform her before the recording started, or after?

I informed her at the beginning of the conversation. Should she be held responsible for what she said?

 

[Proserpina]

I informed her at the beginning of the conversation. Should she be held responsible for what she said?

That's not what I actually asked

Not that it really helps you anyway. I was just trying to ascertain whether or not you'd actually committed a crime.

As it is, you need to determine whether or not you're in a rent controlled area. If you are, there may be recourse. If you're not, you don't.

 

[xiuxiuamber]

That's not what I actually asked

Not that it really helps you anyway. I was just trying to ascertain whether or not you'd actually committed a crime.

As it is, you need to determine whether or not you're in a rent controlled area. If you are, there may be recourse. If you're not, you don't.

Thank you. it is really important to know the law before taking any action.
What can I do now facing the fact that she has breached the written contract, e.g., not providing the type of wifi she agreed to in the contract, is it legal for me to refuse to pay the full rent, I paid half for this month.

 

[quincy]

Thank you. it is really important to know the law before taking any action.
What can I do now facing the fact that she has breached the written contract, e.g., not providing the type of wifi she agreed to in the contract, is it legal for me to refuse to pay the full rent, I paid half for this month.

What exactly is your goal here, xiuxiuamber? Is it simply to get out of the lease because you can't afford it?

You originally said the rent is too high for you, but you were "coerced" and threatened so you signed the lease, legally obligating you to the $1200 a month.

Then you said the subletter is paying less than you and you wanted to know if you could look at the subletter's lease agreement.

You wanted to know if you could negotiate a lower rental price.

You wanted to know if your recording of conversations between you and the landlord could be used in court.

You say the landlord cheats, lies, verbally abuses you and threatens you.

Now you say the landlord has breached the contract by failing to provide wifi.

Please do not add any more "after-thought" complaints about your landlord, to see if you can get out of your lease.

You signed a legally binding contract which commits you to paying the full amount of rent owed each month. Unless, as already noted, you are in a rent-controlled apartment and the rent violates the law, or you are a minor and did not have a legal adult (coerced?) into cosigning on the lease, you must abide by the terms of the lease or suffer the consequences of breaching the contract.

There are landlord/tenant "clinics" throughout California. You can take your complaints about your landlord to one of these and go over your concerns.

In the future, if the landlord threatens you to the point where you fear for your safety, a smart thing to do would be to call the police.

And, when your current lease expires, I recommend you don't renew it - even if the landlord somehow tries to coerce you into signing. Then, I strongly suggest you find another, more affordable place to live, and take someone with you when you go to sign the lease.

 

[xiuxiuamber]

What exactly is your goal here, xiuxiuamber? Is it simply to get out of the lease because you can't afford it?

You originally said the rent is too high for you, but you were "coerced" and threatened so you signed the lease, legally obligating you to the $1200 a month.

Then you said the subletter is paying less than you and you wanted to know if you could look at the subletter's lease agreement.

You wanted to know if you could negotiate a lower rental price.

You wanted to know if your recording of conversations between you and the landlord could be used in court.

You say the landlord cheats, lies, verbally abuses you and threatens you.

Now you say the landlord has breached the contract by failing to provide wifi.

Please do not add any more "after-thought" complaints about your landlord, to see if you can get out of your lease.

You signed a legally binding contract which commits you to paying the full amount of rent owed each month. Unless, as already noted, you are in a rent-controlled apartment and the rent violates the law, or you are a minor and did not have a legal adult (coerced?) into cosigning on the lease, you must abide by the terms of the lease or suffer the consequences of breaching the contract.

There are landlord/tenant "clinics" throughout California. You can take your complaints about your landlord to one of these and go over your concerns.

In the future, if the landlord threatens you to the point where you fear for your safety, a smart thing to do would be to call the police.

And, when your current lease expires, I recommend you don't renew it - even if the landlord somehow tries to coerce you into signing. Then, I strongly suggest you find another, more affordable place to live, and take someone with you when you go to sign the lease.

This is the first time I got into an annoying situation with a landlord, that's why I am asking for help here. Generally, I felt being taken advantage of financially by this subletter who is continuing doing it and in addition, I want to fight against the subletter's verbal violence and dishonesty. But I am lost in terms of where to start and which actions to take. All my actions till this day originate from protecting myself, but because of my ignorance of landlord-tenant law and property law, I have missed some opportunities.

Sorry if I confused you.

 

[Proserpina]

This is the first time I got into an annoying situation with a landlord, that's why I am asking for help here. Generally, I felt being taken advantage of financially by this subletter who is continuing doing it and in addition, I want to fight against the subletter's verbal violence and dishonesty. But I am lost in terms of where to start and which actions to take. All my actions till this day originate from protecting myself, but because of my ignorance of landlord-tenant law and property law, I have missed some opportunities.

Sorry if I confused you.

That's not actually the case.

It's just that before we know if you actually have any recourse, a vital piece of information must be shared.

So let's ask it another way. Which city are we talking about?

(At least that way we'll be able to tell whether or not it's rent-controlled)

 

[quincy]

This is the first time I got into an annoying situation with a landlord, that's why I am asking for help here. Generally, I felt being taken advantage of financially by this subletter who is continuing doing it and in addition, I want to fight against the subletter's verbal violence and dishonesty. But I am lost in terms of where to start and which actions to take. All my actions till this day originate from protecting myself, but because of my ignorance of landlord-tenant law and property law, I have missed some opportunities.

Sorry if I confused you.

I wasn't confused. You were clear in your posts.

Once again, if I wasn't clear, if you feel you need protection because of verbal violence and threats, call the police.

You can look for a landlord/tenant clinic in your area, if you feel that the lease you signed might be in violation of the law, or if the terms of the lease are not being met. The lease you signed can be personally reviewed. You can ask there about rent-control. You can take your roommates with you for support.

Here are links to California landlord/tenant laws: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf or http://www.dca.ca.gov/publications/landlordbook/index.shtml

From all you have posted, however, it still does not sound like you have anything that will legally allow you to stop paying rent or get out of the lease. It is unfortunate that you are living in an uncomfortable situation right now. But leases eventually expire and you can move on.

 

[quincy]

Please explain the "coercion". That matters. If it were me, I would not move into a place under duress, and neither should you have.

I'm pretty sure the landlord can charge whatever they want (I'm not sure), but really in this case you should find another place to rent.

It would be highly unusual for someone to be coerced by a landlord into signing a lease agreement.

From what has been posted, it does not appear xiuxiuamber can legally get out of the lease. Until then, finding another place to rent is probably premature.

Facts can always be personally reviewed by those who staff the landlord/tenant clinic in his/her area, for a better assessment.