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Legal advice about "landlord" raising rent (reps)
08-28-2023, 12:22 PM
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#1
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Legal advice about "landlord" raising rent (reps)
I put landlord in quotes because I've technically never seen my landlord, just a 3rd party set of individuals hired by the landlord.
I'll try to keep this short:
-my rent is $1800/month which is a steal where I live (LA Jolla).
-landlord wants to transfer me to a different apartment on the same premesis to renovate my apartment.
-However the new apartment I would move into is newly renovated and would increase my rent to $2,790/month. (1be/1ba ~700sqft, the same as my current unit).
-The other alternative is they give me a 60 day notice of eviction.
I feel like I can beat this on a couple of fronts:
1. My rent was already raised this year when I signed my lease renewal back in May of this year. In California, we have Rent Control Laws where they're not allowed to raise rent no more than 10% in a calendar year, and $1800>$2790 is definitely more than 10%.
2. They also can't just kick me out in 60 days because California law ALSO states that the landlord can't break a lease of their tenant unless the apartment is inhospitable (which means no running water no toilet/ extreme damage due to flood or fire) none of which applies to me.
If they're so dead set on renovating my apartment (which was ironically newly "renovated" when I moved in 5 years ago) I want to be able to move into a the new unit at my current rate.
Would that be too much to ask or am I going to have to lawyer up? And how would they counter my request?
I'll try to keep this short:
-my rent is $1800/month which is a steal where I live (LA Jolla).
-landlord wants to transfer me to a different apartment on the same premesis to renovate my apartment.
-However the new apartment I would move into is newly renovated and would increase my rent to $2,790/month. (1be/1ba ~700sqft, the same as my current unit).
-The other alternative is they give me a 60 day notice of eviction.
I feel like I can beat this on a couple of fronts:
1. My rent was already raised this year when I signed my lease renewal back in May of this year. In California, we have Rent Control Laws where they're not allowed to raise rent no more than 10% in a calendar year, and $1800>$2790 is definitely more than 10%.
2. They also can't just kick me out in 60 days because California law ALSO states that the landlord can't break a lease of their tenant unless the apartment is inhospitable (which means no running water no toilet/ extreme damage due to flood or fire) none of which applies to me.
If they're so dead set on renovating my apartment (which was ironically newly "renovated" when I moved in 5 years ago) I want to be able to move into a the new unit at my current rate.
Would that be too much to ask or am I going to have to lawyer up? And how would they counter my request?
08-28-2023, 12:25 PM
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#2
- MyGhettoFantasy
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Have you gone back and read your rental agreement? I'd start there.
The closer we approach the uncertainty of life's ending the more we wish to trade all of the things we have acquired in exchange for all of the things we have lost: wealth for youth, knowledge for fresh curiosity, resignation for hope. We'd trade our wisdom for new experiences, but it is wisdom that will teach us that at the end of the road the only new experience is death.
08-28-2023, 12:26 PM
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#3
they absolutely should put you in a new unit at your same rate, thats BS. however is lawyering up over an apartment you are renting worth it?
I'd tell them fuk you evict me then. go to the eviction hearing and tell the judge whats going on and maybe the judge will stop them from evicting you. no way I'd pay thousands of dollars for a lawyer over something I am renting.
I'd tell them fuk you evict me then. go to the eviction hearing and tell the judge whats going on and maybe the judge will stop them from evicting you. no way I'd pay thousands of dollars for a lawyer over something I am renting.
08-28-2023, 12:28 PM
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#4
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California is incredibly biased toward renters vs landlords. Even if legally your landlord can do it whether or not they are actually able to is another matter.
08-28-2023, 12:29 PM
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#5
- ThaNextLevel
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Join Date: Oct 2002
still renting
oof!
contact your local residential tenacy branch but tbh sounds like youre SOL. havent you ever heard the term renovicted? start looking for a new place.
still renting
oof!
contact your local residential tenacy branch but tbh sounds like youre SOL. havent you ever heard the term renovicted? start looking for a new place.
08-28-2023, 12:31 PM
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#6
08-28-2023, 12:31 PM
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#7
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I have no knowledge to share but am interested in following what happens so please keep us up to date on what you do and what transpires
08-28-2023, 12:32 PM
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#8
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Originally Posted By MyGhettoFantasy⏩
Yep I scanned through it thoroughly. I've got a PDF version and I ctrl+f for anything related to "transfers" and the like or other circumstances for raising rent and there's nothing.Have you gone back and read your rental agreement? I'd start there.
08-28-2023, 12:35 PM
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#9
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Originally Posted By Maestro⏩
they wouldnt be raising the rent. you would be renting a new suite at a higher rent.Yep I scanned through it thoroughly. I've got a PDF version and I ctrl+f for anything related to "transfers" and the like or other circumstances for raising rent and there's nothing.
08-28-2023, 12:36 PM
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#10
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Originally Posted By Retoaded⏩
And that's the thing. It just doesn't seem worth it...BUT living in this area I'm super close to work (don't even have to get on the freeway) ive been able to save up quite a bit of money (for a house) and rent is dirt cheap for such a nice area. There are chitty areas that are charging more than what my current rate is.they absolutely should put you in a new unit at your same rate, thats BS. however is lawyering up over an apartment you are renting worth it?
I'd tell them fuk you evict me then. go to the eviction hearing and tell the judge whats going on and maybe the judge will stop them from evicting you. no way I'd pay thousands of dollars for a lawyer over something I am renting.
I'd tell them fuk you evict me then. go to the eviction hearing and tell the judge whats going on and maybe the judge will stop them from evicting you. no way I'd pay thousands of dollars for a lawyer over something I am renting.
I just don't feel like going through the rigamarole of going to court and lawyering up if I can help it I don't want to stay in this place forever (maybe another year at the absolute latest).
08-28-2023, 12:39 PM
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#11
- MyGhettoFantasy
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Originally Posted By Maestro⏩
Do you know if this has happened to anyone else in your building? If it has talk to them and find out how it went down, or if they are plamning to fight it. You may not be alone which could be to your benefit.Yep I scanned through it thoroughly. I've got a PDF version and I ctrl+f for anything related to "transfers" and the like or other circumstances for raising rent and there's nothing.
Wouldn't hurt to aware other tenants in unrenovated units. They'd have vested interest in your dilemma.
The closer we approach the uncertainty of life's ending the more we wish to trade all of the things we have acquired in exchange for all of the things we have lost: wealth for youth, knowledge for fresh curiosity, resignation for hope. We'd trade our wisdom for new experiences, but it is wisdom that will teach us that at the end of the road the only new experience is death.
08-28-2023, 12:41 PM
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#12
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Originally Posted By ThaNextLevel⏩
Yeah, that's California prices. Even if you have the money for a down payment (like i do) you'll simply get out bid by a boomer who can pay for the entire house in cash (especially in this area)Join Date: Oct 2002
still renting
oof!
contact your local residential tenacy branch but tbh sounds like youre SOL. havent you ever heard the term renovicted? start looking for a new place.
still renting
oof!
contact your local residential tenacy branch but tbh sounds like youre SOL. havent you ever heard the term renovicted? start looking for a new place.
I've heard of renoviction but it still doesn't dismiss the rise of over 10% in rent. I can pay then$2790/month but it's going to put a huge dent into what I can save per month.
08-28-2023, 12:43 PM
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#13
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08-28-2023, 12:43 PM
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#14
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Originally Posted By StonedCop⏩
Pretty damn nice, not gonna lie. I got into this place because the complex had a reputation of having bad landlords and noone wanted to move in. So they were offering $1500/month rent in 2018. It's been completly fine and I've had not trouble with the landlords until now.Fight them on this
How's living in La Jolla boyo?
How's living in La Jolla boyo?
08-28-2023, 12:45 PM
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#15
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Originally Posted By ThaNextLevel⏩
And that's why I don't want to sign anything yet.... It seems like a grey area to me as they're forcing me into a different unit at a higher rate which technically raises my rent more than 10% in a calendar year.they wouldnt be raising the rent. you would be renting a new suite at a higher rent.
Originally Posted By Anachron⏩
May of 2024When is your lease up?

08-28-2023, 12:46 PM
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#16
Originally Posted By Maestro⏩
MirinPretty damn nice, not gonna lie. I got into this place because the complex had a reputation of having bad landlords and noone wanted to move in. So they were offering $1500/month rent in 2018. It's been completly fine and I've had not trouble with the landlords until now.
Gl
08-28-2023, 12:46 PM
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#17
08-28-2023, 12:47 PM
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#18
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Originally Posted By Maestro⏩
have you been a good tenant, no missed payments? I would contact landlord/management company and ask if they can offer you a discounted rate for being as such. You said you plan on moving out in a year anyway so I would inform them that and maybe they will offer discount. probably your only hope.And that's why I don't want to sign anything yet....
08-28-2023, 12:47 PM
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#19
08-28-2023, 12:50 PM
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#20
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That's the loophole they used to get your out of there
Claim apartment needs renovation, kick current Tennant out , rent apartment to new tenant at a higher rate
Claim apartment needs renovation, kick current Tennant out , rent apartment to new tenant at a higher rate
08-28-2023, 12:54 PM
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#21
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Originally Posted By blueberryboy⏩
Yep that's what I'm figuring. Like I said, the apartment im currently in was "newly renovated" when I moved in 5 years ago. So I guess they just do this to their tenants every 5 years as a means to hike the rent more than 10%That's the loophole they used to get your out of there
Claim apartment needs renovation, kick current Tennant out , rent apartment to new tenant at a higher rate
Claim apartment needs renovation, kick current Tennant out , rent apartment to new tenant at a higher rate
Originally Posted By Anachron⏩
I thought I was, but now I'm not so sure.Stay put.
Are you planning on staying past that?
Are you planning on staying past that?

08-28-2023, 12:56 PM
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#22
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Even if you do lawyer up all the bs won't be worth it
08-28-2023, 12:57 PM
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#23
08-28-2023, 12:57 PM
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#24
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Originally Posted By Maestro⏩
If this is the case then you don't have to do anything until May next year. Don't know what the laws are in California though or if they have other means to get rid of you.And that's why I don't want to sign anything yet.... It seems like a grey area to me as they're forcing me into a different unit at a higher rate which technically raises my rent more than 10% in a calendar year.
May of 2024
May of 2024
08-28-2023, 12:59 PM
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#25
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Originally Posted By Evolutionary1⏩
Yeah I know that's why I'm so torn about even going to those lengths.Even if you do lawyer up all the bs won't be worth it
I'm actually in contact with a Freelance Lawyer on Fiverr. He's only charging $150 to write up a 2 page statement with all the legalese about why they can't raise my rent so, we'll see what happens.
08-28-2023, 01:04 PM
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#26
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Originally Posted By WoofieNugget⏩
I checked through my lease (all 58 pages of it) and there's no clause that talks about this particular scenario (transferring apartments and being forced to pay a higher rent).If this is the case then you don't have to do anything until May next year. Don't know what the laws are in California though or if they have other means to get rid of you.
08-28-2023, 01:05 PM
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#27
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They should put you in the new unit at your current rate until end of lease term.
Or, you stay put until end of lease term.
I do not believe they have an obligation to renew your lease come next May provided proper notice has been given to you (those terms would be in your rental agreement)
Or, you stay put until end of lease term.
I do not believe they have an obligation to renew your lease come next May provided proper notice has been given to you (those terms would be in your rental agreement)
08-28-2023, 01:07 PM
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#28
This is a common landlord tactic. They don't want to "renovate", they want to get you out so they can get someone new in there paying much higher rent. You don't have to go until your lease is up, but it's clear they aren't going to renew your lease so be prepared to move either way.
08-28-2023, 01:13 PM
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#29
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Originally Posted By Postmort3m⏩
This is probably the correct answerThey should put you in the new unit at your current rate until end of lease term.
Or, you stay put until end of lease term.
I do not believe they have an obligation to renew your lease come next May provided proper notice has been given to you (those terms would be in your rental agreement)
Or, you stay put until end of lease term.
I do not believe they have an obligation to renew your lease come next May provided proper notice has been given to you (those terms would be in your rental agreement)
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