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» Legal advice about "landlord" raising rent (reps)
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post 1689100733 08-28-2023, 12:22 PM
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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?
post 1689100833 08-28-2023, 12:25 PM
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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.
post 1689100873 08-28-2023, 12:26 PM
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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.
post 1689101003 08-28-2023, 12:28 PM
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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.
post 1689101023 08-28-2023, 12:29 PM
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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.
post 1689101123 08-28-2023, 12:31 PM
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Fight them on this


How's living in La Jolla boyo?
post 1689101143 08-28-2023, 12:31 PM
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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
post 1689101203 08-28-2023, 12:32 PM
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Originally Posted By MyGhettoFantasy
Have you gone back and read your rental agreement? I'd start there.
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.
post 1689101273 08-28-2023, 12:35 PM
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Originally Posted By Maestro
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.
they wouldnt be raising the rent. you would be renting a new suite at a higher rent.
post 1689101323 08-28-2023, 12:36 PM
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Originally Posted By Retoaded
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.
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.

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).
post 1689101473 08-28-2023, 12:39 PM
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Originally Posted By Maestro
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.
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.

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.
post 1689101643 08-28-2023, 12:41 PM
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Originally Posted By ThaNextLevel
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.
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)

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.
post 1689101743 08-28-2023, 12:43 PM
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Originally Posted By Maestro
but it still doesn't dismiss the rise of over 10% in rent.
Originally Posted By ThaNextLevel
they wouldnt be raising the rent. you would be renting a new suite at a higher rent.
bump
post 1689101773 08-28-2023, 12:43 PM
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Originally Posted By StonedCop
Fight them on this


How's living in La Jolla boyo?
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.
post 1689101883 08-28-2023, 12:45 PM
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Originally Posted By ThaNextLevel
they wouldnt be raising the rent. you would be renting a new suite at a higher rent.
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.
Originally Posted By Anachron
When is your lease up?
May of 2024
post 1689101953 08-28-2023, 12:46 PM
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Originally Posted By Maestro
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.
Mirin

Gl
post 1689101983 08-28-2023, 12:46 PM
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Originally Posted By Anachron
When is your lease up?
This
post 1689102033 08-28-2023, 12:47 PM
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Originally Posted By Maestro
And that's why I don't want to sign anything yet....
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.
post 1689102053 08-28-2023, 12:47 PM
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Poor used cooking oil down the drain
post 1689102213 08-28-2023, 12:50 PM
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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
post 1689102393 08-28-2023, 12:54 PM
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Originally Posted By blueberryboy
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
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%
Originally Posted By Anachron
Stay put.

Are you planning on staying past that?
I thought I was, but now I'm not so sure.
post 1689102573 08-28-2023, 12:56 PM
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Even if you do lawyer up all the bs won't be worth it
post 1689102663 08-28-2023, 12:57 PM
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Originally Posted By TiktokCel
Poor used cooking oil down the drain
Ironically, part of the renovation is tearing up the kitchen to put in an island. So it wouldn't matter.
post 1689102693 08-28-2023, 12:57 PM
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Originally Posted By Maestro
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
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.
post 1689102843 08-28-2023, 12:59 PM
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Originally Posted By Evolutionary1
Even if you do lawyer up all the bs won't be worth it
Yeah I know that's why I'm so torn about even going to those lengths.

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.
post 1689102993 08-28-2023, 01:04 PM
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Originally Posted By WoofieNugget
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.
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).
post 1689103113 08-28-2023, 01:05 PM
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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)
post 1689103293 08-28-2023, 01:07 PM
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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.
post 1689103613 08-28-2023, 01:13 PM
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Originally Posted By Postmort3m
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)
This is probably the correct answer
post 1689104003 08-28-2023, 01:20 PM
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Only 60 days eviction notice? California needs to change that to minimum 90 days.
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