Illegal renewal letter offer

[SandCastles]

What is the name of your state (only U.S. law)? California (Orange County)
My renewal offer letter from my landlord (management company) quoted a 3% increase for a year lease or a 15% increase for month-to-month. Since the mtm increase was over 10%, it violated two laws: the 60-day notice requirement and the anti-price gouging law currently in effect due to state of emergency from the wildfires. I sent a letter to my letter with my rent check (original rent amount) explaining that the 15% price increase was illegal due to above reasons and that we needed to start over. I also included the news article from the CAA (California Apartment Association) asking its members to not increase rents at all during the state of emergency (extended until April 18).

I received an email from the apartment manager that there was an administrative error regarding the 60-day notice. She stated that rent would be higher if we started over (despite the fact that market rate is less than my original rent). She asked me to inform them if I wish to sign a year lease or continue mtm at the original quoted amounts. No mention was made of the anti-price gouging law and my online account is showing I owe the additional 15%.

Quite frankly, I was dumbfounded. One would think that they would be happy to continue getting the current rent from a good tenant who hasn't had any upgrades in 11 years and not risk a $10,000 fine and/or year in jail. There are numerous suspected code violations which I've delayed reporting because I don't want to be evicted and subsequently blacklisted. I'm unable to move for the next few months due to medical problems. I guess I should probably just bite the bullet and sign an annual lease with the increase. However, I would be interested in hearing anyone's opinions regarding the matter, especially if they have legal knowledge. Thank you!

 

[HRZ]

I read the notice as being correct as to the yearly issue , If you want the yearly option at 3% ..why fight?

 

[FarmerJ]

you wrote > There are numerous suspected code violations < would you care to expand on this ?

 

[Just Blue]

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[quincy]

What is the name of your state (only U.S. law)? California (Orange County)
My renewal offer letter from my landlord (management company) quoted a 3% increase for a year lease or a 15% increase for month-to-month. Since the mtm increase was over 10%, it violated two laws: the 60-day notice requirement and the anti-price gouging law currently in effect due to state of emergency from the wildfires. I sent a letter to my letter with my rent check (original rent amount) explaining that the 15% price increase was illegal due to above reasons and that we needed to start over. I also included the news article from the CAA (California Apartment Association) asking its members to not increase rents at all during the state of emergency (extended until April 18).

I received an email from the apartment manager that there was an administrative error regarding the 60-day notice. She stated that rent would be higher if we started over (despite the fact that market rate is less than my original rent). She asked me to inform them if I wish to sign a year lease or continue mtm at the original quoted amounts. No mention was made of the anti-price gouging law and my online account is showing I owe the additional 15%.

Quite frankly, I was dumbfounded. One would think that they would be happy to continue getting the current rent from a good tenant who hasn't had any upgrades in 11 years and not risk a $10,000 fine and/or year in jail. There are numerous suspected code violations which I've delayed reporting because I don't want to be evicted and subsequently blacklisted. I'm unable to move for the next few months due to medical problems. I guess I should probably just bite the bullet and sign an annual lease with the increase. However, I would be interested in hearing anyone's opinions regarding the matter, especially if they have legal knowledge. Thank you!

Like FarmerJ, I am curious about the "numerous suspected code violations" in your rental that you have not reported to your landlord/property owner.

Most property owners prefer to hear about problems in their rentals so they can address them. It is hard to get a reasonable rate on property insurance if the property is poorly maintained and in violation of codes, not to mention the decrease in property value if the property is allowed to deteriorate.

 

[SandCastles]

Like FarmerJ, I am curious about the "numerous suspected code violations" in your rental that you have not reported to your landlord/property owner.

Most property owners prefer to hear about problems in their rentals so they can address them. It is hard to get a reasonable rate on property insurance if the property is poorly maintained and in violation of codes, not to mention the decrease in property value if the property is allowed to deteriorate.

To clarify, I have delayed reporting to Code Enforcement in an official capacity. I asked the officer if the items were violations and she said that they were and wanted to come inspect, but warned me about eviction. Management is aware of the issues, which include:

Inadequate heat - the antiquated system requires the gas fireplace to be on and even then, heat does not travel far. No vents in bathrooms or den/bedroom (also wouldn't put a carbon monoxide/smoke detector in den even when I told them it was used as a bedroom.) As I'm sure you know, you should never leave any flame unattended - so no heat while sleeping. Normally not a big issue, but its been an unusually cold winter this year and I didn't travel out of state for most of the winter as I'm prone to do. The complex has over 500 units and I'm told 1/2 have this system and the other half has a normal heating system. That's a lot of fireplaces burning unattended (or space heaters being used). I'd also like to add that in 11 years, they've never inspected the fireplace.

Asbestos exposure - a large portion of ceiling collapsed when worker stepped through it twice sending invisible asbestos fibers throughout the apartment. Proper safety precautions and correct removal protocol wasn't followed. I am still finding ceiling pieces! I have repeatedly asked for a copy of the O&M Program which the lease states we will be provided but after being told they would print a copy, I've been ignored. Either they don't have one or they don't want me to see it wasn't followed.

Black mold - two of the original pipes (50 years old) broke above and below tub. When they tore out ceiling, black mold was seen. They simply painted over it. Again, correct procedure wasn't followed for removal. Areas weren't sealed off either time.

Front door has a 1" gap at the top and it stops latching every now and then. There are also numerous cracks in interior walls as well as in foundation of exterior wall. The patio has been replaced twice in 10 years due to the excessive ground subsidence. Half of my apartment is in "quicksand" while the rest of it hangs over a carport. Not an ideal situation for earthquake territory. The usual m.o. is for the cracks to be filled in and painted over. However, they need to be examined by a building inspector - not just my building but several here have even more severe exterior cracks.

Upstairs neighbors are storing bags of trash on their balcony. I've seen ****roaches in my apartment for the first time since this started. I've complained several times yet the pile just gets bigger. Also, The dumpster is within 50 feet of my apartment and there is no cover.

There are more violations plus several illegal entries (a valuable ring disappeared after one), discriminatory treatment, etc. but I will spare you the details. My apartment-mate moved out and wrote a letter to mgmt. detailing the issues above plus the constant noise, secondhand smoke and lack of parking which are due to lack of rule enforcement. His letter was included with my letter responding to the renewal offer. In her email response, the manager failed to address these problems or offer any type of remedy. And she apparently thinks I should pay $60 more per month to live in these substandard conditions.

Yes, I'm aware I need to move, but I won't be able to for several months. So what do I do in the meantime? Thanks so much for taking the time to read this and respond.

 

[SandCastles]

There has been a new development. Another renewal letter dated today has been posted to my door with following options:

1. 12 Month Lease Term effective 5/1/2018 at ($85 increase)
2. Month-to-Month Term effective 5/23/2018 at ($335 increase).
I automatically enter into this lease term if I don't select another agreement prior to 5/23/18.

The original renewal offer gave me until March 25 to decide. So I'm not sure what's going on here. Also, could this new increase be considered retaliatory? I did exert my legal rights of not paying the 15% increase.

Anyone know a good lawyer in Socal?

 

[Zigner]

There has been a new development. Another renewal letter dated today has been posted to my door with following options:

1. 12 Month Lease Term effective 5/1/2018 at ($85 increase)
2. Month-to-Month Term effective 5/23/2018 at ($335 increase).
I automatically enter into this lease term if I don't select another agreement prior to 5/23/18.

The original renewal offer gave me until March 25 to decide. So I'm not sure what's going on here. Also, could this new increase be considered retaliatory? I did exert my legal rights of not paying the 15% increase.

Anyone know a good lawyer in Socal?

It sounds to me as if they were notified of the purportedly improper notice and sent you a new, corrected one.

ETA: This is not a referral service - sorry.

 

[FarmerJ]

There are links all over this site to get help from a attorney Use those links and talk to a attorney !