Improper Rental Increase

[Just Blue]

So I'm a problem tenant, huh? Why? Just because I am disputing a rental increase that is 25.00 more than all the other tenants who have the same size apartment?

It is obvious your post indicates a strong bias in favor of LL's.

And, I've only been late twice paying the full amount of rent in the 5 years I've been there, so that isn't a problem for the LL.

I am a renter in Mass. And I agree with all the comments made by the members that advised you.

But feel free to seek a local attorneys advice.

Have a NICE day!!

 

[Nellibelle]

Nope, you are a problem tenant because you cannot afford your rent and think it is okay to shaft your landlord on the rent until you decide to pay him.

Wow!! Where did that come from? Read my previous post that said I was only late on rent 2 times in 5 years! In addition to that, I occassionally paid my rent as much as 7 months in advance. Sure sounds like I'm a problem tenant who cannot afford to pay rent, doesn't it (sarcasm)!?

 

[Proserpina]

Perhaps he finds you to be an intolerable pain in the derriere.

Since you already know you have a case (you don't actually, but you don't want to hear that) it shouldn't take you long to use the Google.

Problem solved, everyone is happy. Another great day at FA.

 

[TigerD]

Wow!! Where did that come from? Read my previous post that said I was only late on rent 2 times in 5 years! In addition to that, I occassionally paid my rent as much as 7 months in advance. Sure sounds like I'm a problem tenant who cannot afford to pay rent, doesn't it (sarcasm)!?

Yes. The system is set up the way it is for a reason. I wouldn't accept a tenant's attempt to prepay months in advance like that.

I want the check on the first every month.

DC

 

[Nellibelle]

Perhaps he finds you to be an intolerable pain in the derriere.

Since you already know you have a case (you don't actually, but you don't want to hear that) it shouldn't take you long to use the Google.

Problem solved, everyone is happy. Another great day at FA.

Me a pain? And I was thinking how unprofessional many of the responses were that seem intolerable and a pain in the derriere. But, thanks for your advice to use Google! I should have known I'd get the right answers without all the scufflaw in this thread.

Yes, I know I have a case (even more now since I found what I needed on Google) and you are wrong in your belief that I don't have a case! For instance, the 50.00 late fee is excessive (and therefore not valid) because it is so high it amounts to a penalty, pursuant to Harbor Island Holding, LLC vs. Kim (2003) and Orozco vs. Casimiro (2004) (late fee invalid because landlord failed to establish that damages for late payment of rent were extremely hard to fix). Being only 100.00 late on the complete rental payment certainly DIDN'T cause any extreme damages for the Landlord, so a 50.00 late fee was excessive pursuant to the above cited case!

Also, it is a big red flag that a landlord would increase one's rent by 50.00 and the others by only 25.00 at a time the landlord was giving frequent notice for the tenant to pay an unreasonable and excessive late fee. An excellent case for a retaliatory rental increase in violation of California Civil Code Section 1942.5, which allows punitive damages from 100.00 up to 2000.00 depending on the LL's conduct. If I prevail (which seems very likely), the LL cannot increase the rent for 180 days after I invoke my right not to pay an excessive late fee pursuant to the case cited.

I guess that would make many of the responses in this thread, WRONG. But thanks for playing anyway!

 

[Proserpina]

Me a pain? And I was thinking how unprofessional many of the responses were that seem intolerable and a pain in the derriere. But, thanks for your advice to use Google! I should have known I'd get the right answers without all the scufflaw in this thread.

Yes, I know I have a case (even more now since I found what I needed on Google) and you are wrong in your belief that I don't have a case! For instance, the 50.00 late fee is excessive (and therefore not valid) because it is so high it amounts to a penalty, pursuant to Harbor Island Holding, LLC vs. Kim (2003) and Orozco vs. Casimiro (2004) (late fee invalid because landlord failed to establish that damages for late payment of rent were extremely hard to fix). Being only 100.00 late on the complete rental payment certainly DIDN'T cause any extreme damages for the Landlord, so a 50.00 late fee was excessive pursuant to the above cited case!

Also, it is a big red flag that a landlord would increase one's rent by 50.00 and the others by only 25.00 at a time the landlord was giving frequent notice for the tenant to pay an unreasonable and excessive late fee. An excellent case for a retaliatory rental increase in violation of California Civil Code Section 1942.5, which allows punitive damages from 100.00 up to 2000.00 depending on the LL's conduct. If I prevail (which seems very likely), the LL cannot increase the rent for 180 days after I invoke my right not to pay an excessive late fee pursuant to the case cited.

I guess that would make many of the responses in this thread, WRONG. But thanks for playing anyway!

Tell me. Which one these applies to you?

1. Using the repair and deduct remedy, or telling the landlord that the tenant will use the repair and deduct remedy.
2. Complaining about the condition of the rental unit to the landlord, or to an appropriate public agency after giving the landlord notice.
3. Filing a lawsuit or beginning arbitration based on the condition of the rental unit.
4. Causing an appropriate public agency to inspect the rental unit or to issue a citation to the landlord.

I'll wait.

 

[Proserpina]

(You DO understand the difference between a late fee and a rent increase, yeah?)

 

[Nellibelle]

Tell me. Which one these applies to you?

1. Using the repair and deduct remedy, or telling the landlord that the tenant will use the repair and deduct remedy.
2. Complaining about the condition of the rental unit to the landlord, or to an appropriate public agency after giving the landlord notice.
3. Filing a lawsuit or beginning arbitration based on the condition of the rental unit.
4. Causing an appropriate public agency to inspect the rental unit or to issue a citation to the landlord.

I'll wait.

What point are you trying to make? My circumstances do not even remotely apply to the above.

 

[Nellibelle]

(You DO understand the difference between a late fee and a rent increase, yeah?)

Absolutely! My late fee was excessive as described. Then the landlord gave me an improper rental increase in retaliation for my not paying the excessive late fee as described. Therefore, I have cause to seek redress for any damages I incur as a result of an improper and retaliatory rental increase. You sound a little bit complicating, my friend.

 

[Proserpina]

What point are you trying to make? My circumstances do not even remotely apply to the above.

That's the point.

 

[FarmerJ]

Nel 2nd time and ill be even more clear `unless you find a state law that limits the amount the LL can raise the rent for tenants who are month to month renters then your LL can increase your rent for any reason same way LL can raise the rent on another unit in your building or discount the rent , it may not make sense to you but yes your LL can do that unless you can find a law other wise and your states landlord tenant pages are the best place to look `it was nice of you to post about what you found but bottom line here My bets go to the LL waiting it out and getting rid of you no matter what because it appears you are going to make this be one hell of a pain in the ass. ( yes its your right go after the LL if he or she is not following your states laws and keep in mind you may win a battle and lose the war )

 

[Zigner]

Why did you even chime in if you want to be so vague? I think you are rude and disrespectful in the games you are playing here.

I asked a direct question. I asked that question in order to determine if you may have some recourse that hasn't been addressed in this thread. You decided to be coy with your answer...and *I* am the one playing games?

Oy Vey!

 

[Proserpina]

Pop Quiz time!

This is what Nellie quoted: http://www.dca.ca.gov/publications/landlordbook/retalitory-actions.shtml

Q: How does that pertain to Nellie's situation? Why?

1) It's totally like for real exactly what's happening in Nellie's case because she said so.

2) Uh...somebody can't read. If she can't read, ain't my problem.

3) z^2u''+p(z)zu'+q(z)u=0

with u' \equiv {{d u} \over {d z}} and u'' \equiv {{d^2 u} \over {d z^2}}


Discuss.

 

[Nellibelle]

Nel 2nd time and ill be even more clear `unless you find a state law that limits the amount the LL can raise the rent for tenants who are month to month renters then your LL can increase your rent for any reason same way LL can raise the rent on another unit in your building or discount the rent , it may not make sense to you but yes your LL can do that unless you can find a law other wise and your states landlord tenant pages are the best place to look `it was nice of you to post about what you found but bottom line here My bets go to the LL waiting it out and getting rid of you no matter what because it appears you are going to make this be one hell of a pain in the ass. ( yes its your right go after the LL if he or she is not following your states laws and keep in mind you may win a battle and lose the war )

I can whole-heartedly agree with you, Farmer! And I appreciate it, too! But, I just can't sit idly by and let the LL do this to me. I'm not trying to make a big deal about it, but I feel like I need to respond to his rental increase.

I agree that the LL can and may LEGALLY succeed in getting me out at a later time, but still, I can't let this go. I may just send him a certified letter explaining my belief he is retaliating and that I can recover damages if proven. I'm just asking that he be reasonable. Perhaps, if he knocks off the extra 25.00, the issue will be resolved. I'll see how this issue takes its course within the next couple weeks and update a post, whether I'm successful or not. Thanks again Farmer for your 2nd response explaining in more detail your opinion as far as playing 'devils advocate'.

 

[Nellibelle]

Pop Quiz time!

This is what Nellie quoted: http://www.dca.ca.gov/publications/landlordbook/retalitory-actions.shtml

Q: How does that pertain to Nellie's situation? Why?

1) It's totally like for real exactly what's happening in Nellie's case because she said so.

2) Uh...somebody can't read. If she can't read, ain't my problem.

3) z^2u''+p(z)zu'+q(z)u=0

with u' \equiv {{d u} \over {d z}} and u'' \equiv {{d^2 u} \over {d z^2}}


Discuss.

All you have to do is see that I'm being singled out with an extra 25.00 rental increase to know that it strongly resembles a retaliatory action because I refused to pay the excessive late charges. You seem like you are too much of a rocket scientist, because your equations (opinions) do not compute, Proserpina! I can read good enough to take care of myself. I need not look any further than what I found in the Ca. Civil Code and what I found with the cases I cited previously. Let's see how it developes, shall we? As I said, I'll post an update when I get a response from the landlord.