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Landlord retaliation

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electromadeit

Junior Member
What is the name of your state (only U.S. law)? CA, Los Angeles

I reside in Los Angeles, CA and I am a tenant of a rent controlled unit. I have a 1-year lease which will be ending August 31, 2011. I have never been late with my rent payment and have maintained good tenant behavior.

In the month of February, March and April I consistently notified both in writing and by phone the property management of repairs concerning the main bathroom plumbing which was leaking behind the wall. They ignored my requests to send maintenance, so in May I filed a formal complaint with the LA Housing Department to have the issues documented and enforce correction.

In June there was an inspector who came to the property to inspect my claim and then cited the LL to commit to repairs. They were given 21 days for the re-inspection. The LL repaired the issues and the inspector marked them as complete.

Yesterday I received a 3-Day Notice to Comply or Quit. It states that I am in breach of contract for having a pet, that I am in breach of contract for not maintaining rental insurance, and that I am in breach of contract for having people not name in the lease agreement living within the residence.

First, my rental agreement does not have any clause that prohibits a pet. Second, my rental agreement does not have any clause requiring I maintain rental insurance. Third, rental agreement does not prohibit me from subletting, but does state that if more than 3 people live in the dwelling, rent shall increase $500 per additional person. There is only 3 people living within my residence.

I have not violated any terms of the rental agreement and the property manager is refusing to allow me to respond or communicate this to them. I attempted to make contact with them and they hung up on me. I tried again later and the same result.

I am familiar with Civil Code Section 1942.5 which states:

(a) If the lessor retaliates against the lessee because of
the exercise by the lessee of his rights under this chapter or
because of his complaint to an appropriate agency as to tenantability
of a dwelling, and if the lessee of a dwelling is not in default as
to the payment of his rent, the lessor may not recover possession of
a dwelling in any action or proceeding, cause the lessee to quit
involuntarily, increase the rent, or decrease any services within 180
days of any of the following:


I have 48 days until my lease ends which I do not intend to renew as the LL is not acting in good faith and has exhibited poor behavior and proven to be negligent to the needs of their tenant. The LL holds $2500 security deposit and $2500 for last months rent. I fear they will retaliate by retaining my SD and last months rent.

What options are there from this point forward? and what are the recommended actions I should take to protect my interest? Should I begin to prepare myself for legal recourse?
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? CA, Los Angeles

I reside in Los Angeles, CA and I am a tenant of a rent controlled unit. I have a 1-year lease which will be ending August 31, 2011. I have never been late with my rent payment and have maintained good tenant behavior.

In the month of February, March and April I consistently notified both in writing and by phone the property management of repairs concerning the main bathroom plumbing which was leaking behind the wall. They ignored my requests to send maintenance, so in May I filed a formal complaint with the LA Housing Department to have the issues documented and enforce correction.

In June there was an inspector who came to the property to inspect my claim and then cited the LL to commit to repairs. They were given 21 days for the re-inspection. The LL repaired the issues and the inspector marked them as complete.

Yesterday I received a 3-Day Notice to Comply or Quit. It states that I am in breach of contract for having a pet, that I am in breach of contract for not maintaining rental insurance, and that I am in breach of contract for having people not name in the lease agreement living within the residence.

First, my rental agreement does not have any clause that prohibits a pet. Second, my rental agreement does not have any clause requiring I maintain rental insurance. Third, rental agreement does not prohibit me from subletting, but does state that if more than 3 people live in the dwelling, rent shall increase $500 per additional person. There is only 3 people living within my residence.

I have not violated any terms of the rental agreement and the property manager is refusing to allow me to respond or communicate this to them. I attempted to make contact with them and they hung up on me. I tried again later and the same result.

I am familiar with Civil Code Section 1942.5 which states:

(a) If the lessor retaliates against the lessee because of
the exercise by the lessee of his rights under this chapter or
because of his complaint to an appropriate agency as to tenantability
of a dwelling, and if the lessee of a dwelling is not in default as
to the payment of his rent, the lessor may not recover possession of
a dwelling in any action or proceeding, cause the lessee to quit
involuntarily, increase the rent, or decrease any services within 180
days of any of the following:


I have 48 days until my lease ends which I do not intend to renew as the LL is not acting in good faith and has exhibited poor behavior and proven to be negligent to the needs of their tenant. The LL holds $2500 security deposit and $2500 for last months rent. I fear they will retaliate by retaining my SD and last months rent.

What options are there from this point forward? and what are the recommended actions I should take to protect my interest? Should I begin to prepare myself for legal recourse?
Time to write the LL another letter and have him provide you proof that you are in violation of your lease on the items he has identified. As you said, if the lease does not prohibit it, then you cannot be evicted for the alleged violation. Most definitely sounds like retaliation to me, especially with that notice coming so close to the LADBS violations (which you should CLEARLY state in your letter). Let the LL know that under no circumstances are you in violation of your lease (RE-READ the lease to be ABSOLUTELY sure of this), and should they decide to pursue what appears to be retaliatory eviction, you will pursue legal action in order to protect your rights.

Make sure that when rent comes due, you pay IN FULL and ON TIME. If LL refuses to accept your rent, then MAIL it to them, certified/return receipt requested, and keep your receipts as proof that you offered the rent on time.

If you find you need further legal assistance, check out this website: California Tenant Law - Free legal advice for California renters. It's a self-help site created and maintained by a licensed attorney here in CA who acts as a CA tenant advocate for situations just like yours.
 

LillianX

Senior Member
I agree with Sandyclaus, and just wanted to add one additional thing. It is EXTREMELY common for a lease to state that only the people listed on it may reside in the apartment. Make sure your lease does not contain this clause.
 

sandyclaus

Senior Member
I agree with Sandyclaus, and just wanted to add one additional thing. It is EXTREMELY common for a lease to state that only the people listed on it may reside in the apartment. Make sure your lease does not contain this clause.
That is a good point. Even though it may not specifically mention subletting, OP said something about their lease allowing for up to 3 persons living in the dwelling, and an additional charge of $500 per person for anything over that. If OP is the only one on the lease, then that may actually be sufficient to allow for the additional 2 occupants and could be a good argument that subletting would be permissible without specific authorization from the LL.
 

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