oof

Pour cement in the drains and toilets.

Law brah but not in California. Do not take anything I say as legal advice

They are trying to get you to voluntarily leave, so don't. Your lease is more than likely not getting renewed so prepare to leave in May. Start by trying to negotiate a cheaper rate in the new unit. Will be more expensive, but would shield you from a rent increase early next year. Ultimately, you do not have to move out until your lease is up. If they do threaten to evict you say "fine, do it". In TN you would either have to have your lease up, not paying rent, or destruction of property/accumulation of complaints to authorities. California is significantly more favorable to renters then landlords, so I imagine they will threaten but not do anything

I'm trying to get a hold of a couple of neighbors near me. When I was in the leasing office I saw 5 paper clipped forms with the transfer proposals on her desk so there are at least 5 more of us.

La Jolla is in San Diego, not in Los Angeles City or Los Angeles County.

Yes I've seen this, but that is for LA County and even then, it doesn't say anything about eviction due to renovation.

So the 10% over 12 month thing is from Assembly Bill 1482, but the bill provides for a lot of exceptions.

Single-family homes and condominiums as long as they are NOT owned by a corporation, a REIT, or an LLC where one member is a corporation.
Any duplex where the owner lives in the other unit
Mobile homes
Buildings built within the last 15 years (including accessory dwelling units)
Rental properties provided by non-profit organizations
Rental properties subject to pre-existing local ordinances
Specifically designated "low income" housing

Now assuming your place doesn't fall under the exemptions:
1482 states every rental property in California can have an annual rent increase of 5% plusthepercentage change in the cost of living(Consumer Price Index) per year.

Source: am landlord on side, and deal with landlord tenant disputes weekly.

if they're hitting it strictly from the renovation angle, you're most likely phucked. srs. these corporations don't phuck around and will bleed you dry.

What would Kormo do?

I'm really curious what she has to say when i meet with her tomorrow morning. Because I've never experienced this nor have I ever known someone to experience this


And before I renewed my rent earlier this year. It was $1700. So, it would technically be raising from
$1700>$2790....thats, like 65%!

There's no way 5% plus the CPI came out to 65% in a calendar year.

I've seen corporations do similarly large increases over the past year. I think you're SOL, but good luck in any case.

damn $1800 in La Jolla. you got a deal of a lifetime but thats coming to an end..

you can fight it and win, but as soon as your lease is up, you will NOT get renewed.


its going to be time to suffer the $2.5k-3k a month for a 1-2 bedroom like all san diego.

Minor update: The freelance lawyer I hired on Fiverr already completed the document and I gotta admit he did a pretty good job. I was expecting a copy+paste from Chat GPT or something. It's on a fancy letter head and everything but here's a copy and paste of what he wrote:

August 28, 2023
Kind Attn: ________ (“client”)

Re: Review of your Rental Agreement for San Diego, CA 92122 (“premises”) and the California (CA) tenancy laws to determine if the landlord’s conduct (as already specified by client) is lawful or not. At the outset, it is clarified that:

A. We refer to your correspondence exchanged with us in consonance with the aforementioned subject matter;

B. It is being informed that each capitalized term used in this memo (hereinafter
referred to as “Memo”) bears the meaning assigned to it at the place it is first used;

C. The Memo is solely based / reasoned and strictly limited to the information
provided to us;

D. This Memo is addressed to ___ (hereinafter referred to as the “Client”) and is issued in his bonafide interest. The same is based on the limited legal query
specified in the subject hereinabove. This Memo is not to be transmitted to anyone else, nor is this Memo to be relied upon by anyone else or for any other purpose or quoted or referred to in any public document or domain or be filed with any person or authority without our express written consent;

E. This Memo is not, and should not be construed as a postulate of any view or position a court or regulator may take on the matters set out in this herein;

F. We do not assume any liability or bear the responsibility pertaining to any
modification(s) / revision(s) of the subject matter or any subsequent document(s)
that may follow post finalization of this report.

FACTS

1.1 Client has been living at the premises since the last four years. Client’s rent was recently increased (first time in
two years) in the month of May, 2023. Now the landlord wants to renovate the premises and has offered the
client to move into another apartment the rent for which is $900 more.

2. QUERIES

2.1. Is it legal on landlord’s part to move client into another apartment with increased rent when client’s rent is already
increased this year once?

*It is also relevant to note that landlord did not provide the client with prior notice of the proposed
renovation*

In this backdrop we request you to read our analysis of your query under Clause 3, below.

Our analysis is based on the review of applicable laws, your lease agreement, and other legislative material
outlining the subject-matter.

3. RESPONSE TO QUERY

Firstly, the section “Rent Control and Just Cause” is relevant to note here and is reproduced below for your
reference;

California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more
information. California law also provides that after all of the tenants have continuously and lawfully occupied
the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the
property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy.
See Section 1946.2 of the Civil Code for more information.
California Tenant Protection Act (AB 1482) is applicable:
Premises is subject to the rent control limit imposed by Section 1947.12. Exclusion from this section is not checked
as per the agreement provided. Therefore, in accordance with the rent control ceiling rates, landlord cannot, over
the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus
the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate
charged for that dwelling or unit at any time during the 12 months prior to the effective date of the increase.

Considering the existing rent of $1800 per month, additional $900 is way more than the legally permissible limit.
It is further relevant to note that client’s proposal to offer another accommodation would mean that client’s
existing lease agreement shall be terminated and a new one would be executed. As per AB 1482, client cannot
terminate the lease until there exists a just cause for them to do so. Renovation (unless government directed) does
not qualify as just cause. In fact, the law AB 1482 defines No-fault just cause which includes “Intent to occupy
the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or
grandparents.”
Therefore, the lease agreement cannot be terminated for non-existence of a just cause.

4. ANALYSIS

In addition what is relevant to note here is that the landlord never gave a prior notice of renovation and now is
requesting client to vacate the premises in 60 days or move into another apartment with the increased rent. This is unlawful and could be challenged for damages.
Further action suggested: Address a notice of dispute to the landlord and direct him to either (i) continue with
the renovation during the next lease term, or (ii) direct the landlord to provide the alternate accommodation at the
same rent.

----------------------------

Prepared by:

THE LAW OFFICES OF RAJAT MOHINDROO

Landlord here. I think you should let the landlord take you to court. You have a signed lease. The guy can't kick you out for a renovation if the apartment has recently been renovated. It's obvious that he wants to kick you out so he can raise the rent. He's not happy raising you 10 percent per year.

At this point I know I have a case it's whether or not it's worth the effort. My lease is up in May of '24 and at that time they'll have free reign to do whatever they want at that point.

Ouch.

Is La Jolla in SD proper??

It is in San Diego County.

County rules sometimes differ from municipal i think

inn

"The City law also does not apply to residential property in the unincorporated areas of
the County of San Diego or other cities within the County of San Diego."

Yes, what i posted was for the city of San Diego. I deleted it subsequently. use Google, there will be a similar document for the appropriate city / county

not sure what your state laws are but around here if you dont move by eviction date and remain on property the landlord has to apply for an order of possession. that could by you another 2-4+ more months depending how backed up the office is. its like a court thing, you represent yourself and argue why you should be able to stay - its like judge judy but there goes your refrence.

the verdict is final. if you still dont move, you get served 15 day notice to move. and if you still dont move, you will be police escorted off property and stand guard while movers will be there to pack up all your **** and put in a storage facility all charged to your name. you dont wanna reach this level boyo

What if you've been living in house with no lease agreement for years?



Guess what they can't do a thing

OP have you considered living in your own house like a grown up


Instead of begging like a child for some other guy to let you live in his house

When does your lease go until? Are they asking you to leave during the lease period?

If your lease is over, then GTFO. If it's mid lease, then yeah they should find you a suitable unit to fulfill the remainder.

Just don't pay. You live in California

How about you pay up rent cuck. Rent is due in a few days

How long you been living there opie ? I’d try negotiating or fighting it because usually it’s easier and cheaper to keep renting to someone you know is a good tenant than to find a new one

If you live anywhere near the cove and not in the crowded UCSD area it’s 100% a steal but you can always be renovicted and the 10% increase doesn’t apply to private owners

I also bet weve seen each other around the area without knowing it





*******

Don't you work in the medical field??? And you're still renting???

There are tons of tenant advocacy groups in SD county that offer free legal advice/representation for tenants, your drafted letter from fiverr is cringe.

You need to find out whether your unit is covered under AB1482 protections. Sucks for us landlords that it is automatically presumed unless we explicitly exclude the units if qualified to.

You said you signed a lease renewal back in May, assuming one additional year you're entitled to live out the remainder of your lease at the agreed rate at this unit or the new unit. I'm surprised that your landlord is moving forward with breaking leases on so many units, this will be an expensive legal nightmare for him. He should be offering notice of non-renewal as each lease ends because major renovations fall under non-cause.

The 60 days notice is not an eviction, just non-renewal. Just don't expect your lease to renew next year, since major renovations is one loophole landlords have to remove long term tenants paying below market rate. You may even be entitled to one month's free rent penalty and moving expenses.

You would technically sort of have a "case" but keep in mind that going to court isnt free. This isnt tv, its real life. You have to figure that they have all sorts of knowledge of the law that isnt just some stuff they got off the internet as they do this stuff every day all day.

Best just to eat it and find a new place.