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Problems with new landlord

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Flex34

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

Hello everyone. First off, thank you ahead of time for any help/advice I might get, I appreciate it.

I've rented a unit in California for several years. I rent it month-to-month (no lease) and I never had any issues or problems with the original landlord. In November of this year, the property was sold to a new owner. I received a 60-day notice of tenancy termination; my date to be out by is December 30th. No problem there, I was expecting this to happen eventually as the property had been up for sale for a while.

Here's the problem: The notice of tenancy termination did not say anything about a rent increase. I never received any kind of rent increase notification, written or otherwise, from anybody. December (this month) was the first month I was to pay the rent directly to the new owner. When I went to pay him, he told me I would have to pay him an outrageous 60% increase of my current rent in order to stay through December. Well, I wasn't prepared to defend myself with references to the civil code but I thought that he could not raise rent without a written notice so I refused. He kept trying to badger/haggle/negotiate with me for a rent increase and threatened me with eviction. I told him I would pay him the price listed on my contract and that's it. He told me it was his right as a new owner to raise the rent however much he wanted and told me he was "doing me a favor" by accepting only the amount listed on my contract and not the outrageous 60% more he demanded. I can't find anything online that states that a new landlord in California is exempt from the 60-day notice rule (I say 60 days, because the increase would be more than 10%), am I wrong??

Today he tells me (verbally, no written notice again) that he plans to divide my unit into two separate ones when I leave. He told me he has money problems and needs to commence the remodeling process ASAP. He told me that I had a week to vacate half of my unit so that he could bring in contractors to tear down a wall and block off a doorway as well as do some general remodeling. This would be more than 2 weeks before my tenancy termination notice says I have to leave and he says he can do it because I "owe" him for not paying him the rent increase he demanded, even though he never provided me with any kind of written notice for it. I told him this was unacceptable but he claims its within his right.

I need help! Who is in the right here? Can a new landlord just raise the rent like that without notice when he comes in? I thought my tenancy termination notice made it clear that my contract was to be honored until Dec. 30th and I had to be given written notice of any rent increase. And what can I do to defend myself re: the contractors/remodeling. What do I do if I come home from work next week and find a team of workers tearing down walls in my bedroom? This guy has already entered my premises once without written notice (and it wasn't an emergency); if the contractors come in without written notice/permission can I just call the cops? This new landlord is very "shady" ... he threatened to go into my neighbor's unit and trash all of her belongings while she was at work if she did not agree to a similar rent hike he sprung on her. She doesn't speak much English and was intimidated and left, although reading this forum I have to come to learn it would've probably been illegal for him to trash anyone's stuff without going to court first.

Anyway, I apologize for this being so long but I'm at my wits end and need help! Thanks!
 
Last edited:


sandyclaus

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

Hello everyone. First off, thank you ahead of time for any help/advice I might get, I appreciate it.

I've rented a unit in California for several years. I rent it month-to-month (no lease) and I never had any issues or problems with the original landlord. In November of this year, the property was sold to a new owner. I received a 60-day notice of tenancy termination; my date to be out by is December 30th. No problem there, I was expecting this to happen eventually as the property had been up for sale for a while.

Here's the problem: The notice of tenancy termination did not say anything about a rent increase. I never received any kind of rent increase notification, written or otherwise, from anybody. December (this month) was the first month I was to pay the rent directly to the new owner. When I went to pay him, he told me I would have to pay him an outrageous 60% increase of my current rent in order to stay through December. Well, I wasn't prepared to defend myself with references to the civil code but I thought that he could not raise rent without a written notice so I refused. He kept trying to badger/haggle/negotiate with me for a rent increase and threatened me with eviction. I told him I would pay him the price listed on my contract and that's it. He told me it was his right as a new owner to raise the rent however much he wanted and told me he was "doing me a favor" by accepting only the amount listed on my contract and not the outrageous 60% more he demanded. I can't find anything online that states that a new landlord in California is exempt from the 60-day notice rule (I say 60 days, because the increase would be more than 10%), am I wrong??

Today he tells me (verbally, no written notice again) that he plans to divide my unit into two separate ones when I leave. He told me he has money problems and needs to commence the remodeling process ASAP. He told me that I had a week to vacate half of my unit so that he could bring in contractors to tear down a wall and block off a doorway as well as do some general remodeling. This would be more than 2 weeks before my tenancy termination notice says I have to leave and he says he can do it because I "owe" him for not paying him the rent increase he demanded, even though he never provided me with any kind of written notice for it. I told him this was unacceptable but he claims its within his right.

I need help! Who is in the right here? Can a new landlord just raise the rent like that without notice when he comes in? I thought my tenancy termination notice made it clear that my contract was to be honored until Dec. 30th and I had to be given written notice of any rent increase. And what can I do to defend myself re: the contractors/remodeling. What do I do if I come home from work next week and find a team of workers tearing down walls in my bedroom? This guy has already entered my premises once without written notice (and it wasn't an emergency); if the contractors come in without written notice/permission can I just call the cops? This new landlord is very "shady" ... he threatened to go into my neighbor's unit and trash all of her belongings while she was at work if she did not agree to a similar rent hike he sprung on her. She doesn't speak much English and was intimidated and left, although reading this forum I have to come to learn it would've probably been illegal for him to trash anyone's stuff without going to court first.

Anyway, I apologize for this being so long but I'm at my wits end and need help! Thanks!
The LL is obligated to honor the existing rental agreement in place with the old LL/management when the rental unit changes ownership. The 60-day rule still applies - they are obligated to give you 60 days WRITTEN notice prior to imposing a rent increase, they cannot just spring something like that on you with a verbal demand when rent was collected.

Additionally, its shameful that the LL is trying to use unwarranted construction to motivate you to move early. Their remodeling plans can wait for 2 weeks until you've vacated, and it would certainly not be considered an emergency. Their actions would be considered constructive eviction, and unless they plan to compensate you for making 1/2 of your paid-in-full rental unit uninhabitable for the remainder of your tenancy (by giving you a refund or offering alternative accommodations for those 2 weeks), you can and should fight this. You are well within your rights here.

Here is a link to a tenant advocacy website for CA that help you to assert & preserve your rights:

California Tenant Law - Free legal advice for California renters

Good luck to you.
 

Flex34

Junior Member
Thank you very much Gail and Sandyclaus for your prompt responses! I do intend to fight this, I plan on speaking to him today and letting him know that I'm aware that what he's trying to do is unlawful and I will seek legal representation if I have to. I'm already set to be out of here by the end of the month, this type of thing is the last thing I wanted but this guy is turning my life (and those of the other tenants) into a nightmare, sheesh.
 

applecruncher

Senior Member
Thank you very much Gail and Sandyclaus for your prompt responses! I do intend to fight this, I plan on speaking to him today and letting him know that I'm aware that what he's trying to do is unlawful and I will seek legal representation if I have to. I'm already set to be out of here by the end of the month, this type of thing is the last thing I wanted but this guy is turning my life (and those of the other tenants) into a nightmare, sheesh.
I wouldn't speak to him about it. Send him a letter, certified return receipt - now. Don't have anymore verbal interaction with him at all and do not listen to his threats and other nonsense. Written documentation will come in handy if he tries to kick you out sooner; he will most likely deny whatever you can't prove.
 

Cvillecpm

Senior Member
If rent increase is over 10% you need 60 day written notice and he could not have given you notice until he owned the property...have a new home by Jan 1st!!!
 

FarmerJ

Senior Member
Call your city county govt center and tell them your LL is wanting to start major renovations and what you want to know what the definitions are for when permits are required such as say any work over a certain dollar amount or adding walls or splitting a single unit into two (which means maybe plumbing work to create second kitchen /bathroom area) if they tell you permits are required and workers come and start work with out permits being posted call inspections and tell them un permitted work is being done to your unit right now and you think it should stop, they may send a inspector out right away creating a bigger problem for your new LL than he /she ever dreamed of. the work will be stopped . Take pics of what ever they have started and use them in the end when you sue the LL for any deposit money you paid out. BTW if city ends up condemning the unit after work starts get a copy of the condemn order for your records. if a area of the unit is rendered not useable by the remodeling before city gets there use city inspection reports and photos and when you sue for deposit back also ask the court if the unit had a reduced value due to the unpermitted work done and to assign a dollar amount if it does not agree with what you list for a reduced value.
 

sandyclaus

Senior Member
Thank you very much Gail and Sandyclaus for your prompt responses! I do intend to fight this, I plan on speaking to him today and letting him know that I'm aware that what he's trying to do is unlawful and I will seek legal representation if I have to. I'm already set to be out of here by the end of the month, this type of thing is the last thing I wanted but this guy is turning my life (and those of the other tenants) into a nightmare, sheesh.
Chances are he's trying to intimidate you guys into moving so he can raise rents. If he evicts anyone for nonpayment of the unnoticed increase, or anyone moves under the threats he poses here, even they can sue him for forcing them to move. So much trouble he's created fore himself. A tenant coalition against his illegal acts sounds perfect.
 

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