Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Rent increases stink, especially when you think the LL may be taking advantage or even breaking the law. But truth be told, they're asking you to leave by end of May. I'm guessing they're looking at renting out these apartments at market value as you mentioned the rent was cheap. Is it really worth the hassle just not to pay whatever it costs? What are you looking at $200 or $300, if that much. Concentrate on finding another apartment. I don't think it's really worth the trouble. Not to mention, your new LL will be checking references from your current LL.
I know it's not legal expertise, but don't put yourself through any unnecessary headaches! Packing and finding another apartment take their own toll on most people.
Good luck with everything!!
Nothing personal, but I hate this kind of advice. Why should people lie down and just take it when someone is trying to rip them off and bully them?
Perhaps it's my Irish/French genes, but there is no way in Hades I would not fight someone trying to rip me off.
You see, this is why I studied law. So no more bullies could bluff me regarding my rights and the law.
And regarding the landlord not giving a reference? Think about that. The landlord wants the OP gone. Is the landlord really going to give a bad reference? Not likely.
Bullies only get away with murder with people who get too afraid to think logically. Logically, this landlord isn't going to want to make it more difficult for the OP to move out. And if they are this hard up for funds, they also probably aren't going to want to pay a lawyer to fight a losing case.
You just need to think like a lawyer. Even if the landlord doesn't know what he/she's doing, if you know they are so cheap they aren't going to want to pay for a lawyer, you have an advantage. And then beyond that, if you know what their lawyer would tell them ( as in, the actual law), you are on equal footing.
I would never let someone rip me off just so it would supposedly be less hassle for me, or because they supposedly held some power over me regarding a reference, but that's me.
Good to know. I’ve had a number of tenants cite some other state’s regulation to me (I’m in TX) when they’re contesting one thing or another.
A couple of times, I’ve just emailed back a map and a copy of the lease.
Yeah, they were probably really bummed when they learned that in TX the lease rules, from what I've learned in the past. TX lets landlords write their own contract that allows them a lot of control. Places like Austin are more tenant friendly, but state law as a whole is very landlord friendly in TX.
They can’t send you a notice 2 days before the next month raising the rent. I wouldn’t pay April, as proper notice was not given.
The 7% for May is valid though, as long as nothing changes, as others have alluded too. If April comes and they realize they can’t collect for April and try to raise to 10% or whatever for May rent, I’m almost positive that renders that invalid also, as the new request doesn’t meet the required timeframe.
If I were in your shoes, I would probably send in my notice and try to be out before May. You have to move anyway, and it saves you the hassle of arguing and fighting over a May increase.
Giving notice that people will be expected to be out in 2 months and attempting to raise rent 17% in that time after the fact basically says it all. It almost seems like they want people to leave sooner rather than later with those parameters.
If you have the means to leave sooner rather than later, I’d go.
If I were in your shoes, I would probably send in my notice and try to be out before May. You have to move anyway, and it saves you the hassle of arguing and fighting over a May increase.
Giving notice that people will be expected to be out in 2 months and attempting to raise rent 17% in that time after the fact basically says it all. It almost seems like they want people to leave sooner rather than later with those parameters.
If you have the means to leave sooner rather than later, I’d go.
Yeah, if I can, I much rather move out before May but I have too many things going and finding a suitable place will not be easy as having a private garage is a must due to my tools and motorcycles.
I much rather lease a commercial shop with a pull up there and live in it so I can park all my bikes, wrench on 'em whenever I want to instead of watching the TV. I gotta finish the project bike this year.
As far as the rent situation goes, how is the May increase valid? the 7% increase is on top of the 10% April increase. If April's increase is invalid, as it is, they need to re-write the contract/notice. If they leave it as is, the requested May amount would be well over 10% of the current rent so it would require a minimum 60-day notice which wouldn't be enough time for it either. No matter what they do at this point, they cannot legally increase the rent on me. They are SOL.
I would love to find a loft with a pull up garage door like I saw in certain movies but they are very rare. I found a complex with 4-5 attach units like that. It was perfect but the prices back in 2012-2013 were like $1700-$1800. Now they have to be over $2000 which is ridiculous for a glorified garage with high ceiling and a tiny kitchen/bathroom.
@NoMoreSnow, I have done mortgage in the past and yes, thank you, I am aware of the FHA loans but I don't find the current house prices least bit reasonable. Maybe it won't happen but I tend to think the market will drop as it always has in the past. Normally it is like a 8-10 year cycle but due to the recession, it was delayed 2-3 years. Current prices are not much different than pre-recession prices which was inflated as heck. I am not even sure if I want to live in CA any more. I am buying my time and re-assessing my job situation with the current company. Things may turn up really good or ...I will know for sure before the end of the year so until then, I am going to have to rent. If things go south. I am thinking about relocating to Oregon. I tried AZ, wasn't for me. I have been to OR for couple of weeks back in 2003 and I liked it. Of course, I don't know all the pros and cons but too early to worry. I love California's weather for riding but housing situation is out of control again.
Oh well, I will figure something out though. I always do.
As far as the rent situation goes, how is the May increase valid? the 7% increase is on top of the 10% April increase. If April's increase is invalid, as it is, they need to re-write the contract/notice. If they leave it as is, the requested May amount would be well over 10% of the current rent so it would require a minimum 60-day notice which wouldn't be enough time for it either. No matter what they do at this point, they cannot legally increase the rent on me. They are SOL.
In legal documents, what can happen in court, is the judge can throw out the parts that aren't legal, but leave the parts that are legal.
So, even though your notice had improper notice for April, you did get 30 days notice for the May increase. So, basically part 1 was invalid, but part 2 would be valid, if they throw out part 1. They could argue this in court and probably would be allowed to enforce Part 2 (the May increase), after part 1 is thrown out or voided.
The idea is that the court doesn't let you throw the baby out with the bath water. You don't get to argue than an entire contract is invalid, for instance, just because there's one clause in it that's not allowed by law.
Ironically, it looks like I will be suing my current landlord over my truck being broken into over the weekend. Thieves have been getting into our underground garage because the door has been broken and the management has left it in the open position for over 2 weeks. And there was a history of break-ins in the garage even before the door was broken. Anyway, they have a duty to keep the building secure, didn't do so, and knew that there had been similar incidents and didn't do anything to prevent the problem - nor did they warn us about the dangers, etc., etc.
When I told the manager I'll be looking at management to reimburse me my deductibles not covered by my insurance, she pointed to a clause in my lease that says management isn't liable for any loss or damage to vehicles in the garage.
But, this type of clause is not legal in CA. There is actual CA code that says landlords can't put clauses into their contracts saying they aren't liable for things the law says they're liable for - they can't put things in contracts that say they don't have to follow the law. And, they can't put any clause in a contract that requires a tenant to waive the right to sue them.
So, I'll win. But, that was a long-winded example of the fact that even though that clause about the garage is not legal in my contract, that doesn't make the entire contract void. The court will just not enforce any of the parts that aren't legal or enforceable.
I wouldn't give up on finding a place in CA. You might just have to move somewhere farther away, unless you can't find work anywhere you can afford. But, don't forget that CA has Prop 13, so your property taxes can't get reassessed for as long as you own your property. That's not true in OR.
Every state has it's way of getting tax money to take care of things. So, don't be fooled by a state that doesn't have an income tax, or doesn't have sales taxes. If they don't have those taxes, be very afraid of their property taxes.
So, what happened with your landlord? We're on pins and needles here!
In legal documents, what can happen in court, is the judge can throw out the parts that aren't legal, but leave the parts that are legal.
So, even though your notice had improper notice for April, you did get 30 days notice for the May increase. So, basically part 1 was invalid, but part 2 would be valid, if they throw out part 1. They could argue this in court and probably would be allowed to enforce Part 2 (the May increase), after part 1 is thrown out or voided.
The idea is that the court doesn't let you throw the baby out with the bath water. You don't get to argue than an entire contract is invalid, for instance, just because there's one clause in it that's not allowed by law.
Actually, no. May part was invalid too because, if unchanged, the May's requested amount was more than 10% of the current rent which meant it required a 60-day notice and they failed at that too. If they went ahead and revised the increase to an amount 10% or less, and then re-delivered the new contract, they still had less than 30 days at that point.
Anyhow, they dropped the whole thing altogether so I will be paying the original amount even if I stay till the very end.
Actually, no. May part was invalid too because, if unchanged, the May's requested amount was more than 10% of the current rent which meant it required a 60-day notice and they failed at that too. If they went ahead and revised the increase to an amount 10% or less, and then re-delivered the new contract, they still had less than 30 days at that point.
Anyhow, they dropped the whole thing altogether so I will be paying the original amount even if I stay till the very end.
Fortune favors the bold, indeed!
Well, they must have gotten legal advice that what they were asking wasn’t really legal.
Good for you though, you’d be surprised how many people would just pay without asking, which is what they were probably ultimately hoping. Always take the time to ask questions and figure out why
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
