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Rent Increase & Code Enforcement

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bjestab

New member
What is the name of your state? California

Hello all,

I have a couple of issues here, I would like to say thank you in advance for any advice that may be provided.

1. 14 months ago I signed a two year lease on the back house that i live in, i had been living there almost 4 years prior on lease agreements. The new lease agreement included a rent increase from $800 to $1050, this increase came on one weeks notice. I just found out that an increase of that amount isn't legal without at least 60 days written notice. The notice on this increase was all done via text message and within a weeks time. Can I sue him and be reimbursed for the increase since it was done illegally?

2. Same property as above, 14 months into my lease agreement and code enforcement has paid us a visit to determine that our back house is 40 sq ft too big to have a stove. The sq footage of our place requires to the property to be zoned differently (dual occupancy). Code enforcement is requiring that our stove/oven be removed. The landlord is wanting to reinstall the stove/oven after the inspection is done and we don't feel good about that due safety etc.. Our stove is going to be removed no matter what, can we renegotiate our rent? If we can renegotiate our rent, does anyone have any input on what an acceptable amount would be or have any advice as to how to figure that out. Obviously we will have to eat out more often, that will incur a very large living expense that wasnt there before.

3. I have had very limited conversation with code enforcement as they aren't willing to tell me much because they are dealing directly with the landlord but what they have told me is that there is a possibility that we will have to vacate the premises before our lease is up. My question is; if we have to vacate is the landlord liable for our moving expenses? If we have to vacate and are given the 60 days notice that we should be given by either code enforcement or the landlord, do we have to pay rent? I believe that the only reason that we would be forced to move is that the property is uninhabitable and not up to code, there fore i believe that if the place is illegal to rent then the landlord isn't entitled to rent. I just want to know what my rights are and how best to preserve my money in the case that i have to vacate. Is there any other legal action that may be taken by me against my landlord.

I appreciate any and all feedback.

Thanks,
Brian
southern california
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? California

Hello all,

I have a couple of issues here, I would like to say thank you in advance for any advice that may be provided.

1. 14 months ago I signed a two year lease on the back house that i live in, i had been living there almost 4 years prior on lease agreements. The new lease agreement included a rent increase from $800 to $1050, this increase came on one weeks notice. I just found out that an increase of that amount isn't legal without at least 60 days written notice. The notice on this increase was all done via text message and within a weeks time. Can I sue him and be reimbursed for the increase since it was done illegally?
The time has passed on that. You could have refused to sign 14 months ago.

2. Same property as above, 14 months into my lease agreement and code enforcement has paid us a visit to determine that our back house is 40 sq ft too big to have a stove. The sq footage of our place requires to the property to be zoned differently (dual occupancy). Code enforcement is requiring that our stove/oven be removed. The landlord is wanting to reinstall the stove/oven after the inspection is done and we don't feel good about that due safety etc.. Our stove is going to be removed no matter what, can we renegotiate our rent? If we can renegotiate our rent, does anyone have any input on what an acceptable amount would be or have any advice as to how to figure that out. Obviously we will have to eat out more often, that will incur a very large living expense that wasnt there before.
Seems to me that your living unit isn't legal. You should consider moving.

3. I have had very limited conversation with code enforcement as they aren't willing to tell me much because they are dealing directly with the landlord but what they have told me is that there is a possibility that we will have to vacate the premises before our lease is up. My question is; if we have to vacate is the landlord liable for our moving expenses?
Perhaps. Can't hurt to ask.

If we have to vacate and are given the 60 days notice that we should be given by either code enforcement or the landlord, do we have to pay rent? I believe that the only reason that we would be forced to move is that the property is uninhabitable and not up to code, there fore i believe that if the place is illegal to rent then the landlord isn't entitled to rent. I just want to know what my rights are and how best to preserve my money in the case that i have to vacate. Is there any other legal action that may be taken by me against my landlord.
I agree. The unit is illegal. The LL can't legally collect rent (but you're not going to get rent paid back).
 

HRZ

Senior Member
I think you want some legal information wo going thru your LL !

A rent increase wo proper notice is perhaps stale old news but it adds creedance to point that your LL may be on wrong side of the law on multiple issues , not just inattentive to details. And the comment about taking the stove out and you replace it later adds icing to the cake...that's a self help eviction ...deadly wrong. .

One sometimes hears tales of where it takes a LL years to evict a nonpaying tenant and then must pay them a whopping relocation "allowance "....well you may have been delt such cards ....use a lot of smarts as to how you play the cards this unwise LL has delt out .
 

DeenaCA

Member
Sounds like an illegal/unpermitted/"nonconforming" unit. Where is the unit located? The LL may be liable for hefty relocation benefits and/or refund of rents paid. This is not covered under CA LL-tenant law but the larger SoCal cities have ordinances. If you don't mind revealing the location I can give you some references. I'd advise you to contact legal aid asap.

Information on the LA rent stabilization ordinance is available here. Information on evictions due to code violations/noncompliance is available here. Note that the ordinance does not apply to all locations within LA County or to all units in covered areas.
 

bjestab

New member
Sounds like an illegal/unpermitted/"nonconforming" unit. Where is the unit located? The LL may be liable for hefty relocation benefits and/or refund of rents paid. This is not covered under CA LL-tenant law but the larger SoCal cities have ordinances. If you don't mind revealing the location I can give you some references. I'd advise you to contact legal aid asap.

Information on the LA rent stabilization ordinance is available here. Information on evictions due to code violations/noncompliance is available here. Note that the ordinance does not apply to all locations within LA County or to all units in covered areas.
Rancho Cucamonga, California
 

DeenaCA

Member
There is no formalized requirement for relocation fees in Rancho Cucamonga. I would still recommend that you contact legal aid. Here's a list of local legal aid services.
 

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