Downey, no rent contol, afraid of retaliation (August: apartment complex, rental)

[Thyster]

Hello everybody, I'm new here

I live in Downey, no rent control.
My original lease was 6 months and is going to end on jul-31st. I just received a notice that was send to me on the 28th of june, giving me some options:

-signing for 7 months at the same rate (1075)
-going month-to-month for 1590 (1290 new rent and 300 month-to-month fee).

The original contract states that after 6 months the lease becomes month-to-month but doesn't talk about a 300 dollar fee or anything like that.

My issue is that I don't want to stay for 7 more months (just 1), and I don't think I should pay 1590.
I have written them a note (not send yet) stating:
-I would like the contract to go to a month-to-month lease, but
-since they are trying to raise the rent by more then 10% (38%) they need to give me at least 60 day notice
-I will therefore just pay the 1075 for the month of august
-I will move out by sept 2nd (roughly a 60 day notice)

I am worried that they will respond by giving me a 30-day notice to leave, would they have the right to do so? It seems that would be a retaliation on their part, but I couldn't find a source that was very clear on this.
So my question is: would it be very easy for me to fight their 30-day notice if they were to give me one (with the letter I wrote them in hand), and would I win it (based on retaliation)?

Other advice is of course also very welcome (I thought of not responding until the beginning of July (lease will then default to month-to-month), paying only 1075 and giving my 30-day notice at the same time and fight them in small claims if they don't give me back the deposit. This way I don't have to be afraid of them ending the lease 30 days from today).

This is getting long, but an other question I had is: it seems their notice by mail was send too late (30 day notice needs to be in mail 35 days in advance), so it can't even qualify as a 30 day notice, does this help my case at all???

Anyways, sorry for making it so long, but thanks for getting this far

Cheers,
Thyster

[CESpeed]

I would strongly recommed talking to your landlord NOW and telling them what you told us: Your original lease does not include a month to month fee, that you intend to move September 1st. Don't whine over small details unless they give you a hard time. Receiving your notice on the 1st vs just before is not a point you want to raise unless they are being unreasonable. I don't think that it's unreasonable for you to extend your lease one additional month, but your landlord may feel differently. Your worst case scenario is that your landlord serves you with a notice and you have to move the way you plan to anyway.

[Thyster]

Thank you for the fast reply.
I guess I should add that I live in a gigantic apartment complex with hundreds of units run by a corporation with just a manager on-site.
My fear is that they will serve me with a 30-day notice right away, and if I just talk to them I can never proof it was a retaliation, so writing them seems better then just talking I figured...
I can't leave afford to move in 30 days from now, I need at least 60.

[CESpeed]

As long as you have paid your rent for July, they cannot serve you with a notice. The worst they can do is wait for August, and serve you then. Since you are dealing wit ha corporation, if you decide to only pay $1075 for the month of August, let your security deposit be your August rent because if you move without giving them what they are asking for, you will never see your security deposit. You can still talk to them, just when you are finished write a follow-up letter with your understanding of the agreement. But seriously, the sooner you do it, the better.

[LA-dude]

BAD ADVICE to not pay the rent and think the "corporation" will let you live off the security deposit for the last month. Friend of ours was taken to court by "corporate apartment complex" for $60. in storage fees because something was left in garage beyond tenancy period. Can you imagine? It is still on her credit report!!!

[XodoX]

Why do you say "no rent control"? Would it be easier to break the lease if you had rent control?

[RussRIK]

Rent control provides a significant number of tenant protections, including preventing them from imposing such a huge rise in the rent.

Bad idea not to pay rent. If you don't pay rent, they don't just take your security deposit and call it a day. You can still get posted with a notice to pay rent or quit, and if you don't pay, eviction proceedings are going to start against you.

I'm not sure if, because it's such a dramatic rise in the rent, they are required to give more than 30 days notice. If that's not the case though, then I don't say any legal recourse you have. From the looks of it, I think you're stuck. If you're only going to be there a month, you might have to pay the $500 extra and just consider it as a way to prevent an eviction. Alternatively, consider contacting a tenants rights organization. Many of them have free walk in consultations, and they might be able to tell you an answer. Sorry I can't help more, but my understanding of rules in Downey is limited.

[BALDEV RAJ]

I am in the apartment fron 3 years and 8 months signed deed for one year and after paid 10% more for not signing a fresh deed.
Land lord has served me notice to quit tenency has expired with in one month
i am under treatment for cancer and aged 73 is this notice can be incresed to time for few more months how?
What other way to get extention for few months as i myself dont want to stay here due to mess of pets in the block and bad smells including dirty with urine and litter of pets the stairs
braggarwal@aol.com

[CALGUY]

Originally Posted by BALDEV RAJ

I am in the apartment fron 3 years and 8 months signed deed for one year and after paid 10% more for not signing a fresh deed.
Land lord has served me notice to quit tenency has expired with in one month
i am under treatment for cancer and aged 73 is this notice can be incresed to time for few more months how?
What other way to get extention for few months as i myself dont want to stay here due to mess of pets in the block and bad smells including dirty with urine and litter of pets the stairs
braggarwal@aol.com

There are only two options here.
Ask the landlord for more toime, and second, they will start eviction proceedings,and when it lands in the court, ask the judge for more time.
If the rerquest is reasonable, the judge will grant it.
Bob.

[CALGUY]

As for the tenant in Downey, you might want to look at your rental agreement, and see what security you paid, and what it is used for.
Was it a damage security deposit, or a last month's rent security?
That makes a big, big difference.
If it was a damage security deposit, it can't be used as rent.
If it was payment security for the last month of your tenancy, you will get hit with additional charges if you caused any damage too the unit when you vacate.
Bob.