Legal Question in Landlord & Tenant Law in California

Hello,

I rent a 2nd floor apartment in a 4-unit building in San Diego. Recently my girlfriend fell while descending the stairs exiting my apartment. Upon investigation we found that the stairs are not uniformly spaced, and do not comply with building codes. She is suing my landlord for the cost of the medical treatment she received for her injuries, which include a fractured elbow and numerous bruises.

Shortly after my landlord learned he was being sued, he called me. He was very angry, and asked if I knew the girl who was suing him. I told him it was my girlfriend. He hung up. On the 1st of the next month I received a notice that my rent had been increased by almost 10%, which is within the landlord�s rights.

In the last 6 years the rent on the 4 units has been raised 4 times. Rent has always been increased on all 4 apartments at the same time, and by the same amount. This time only I received a rent increase, the other 3 tenants did not. My rent is now higher than the other 3 apartments. There have been no recent upgrades or additions to my apartment that would justify this.

I feel my rent has been increased in retaliation against my girlfriend�s lawsuit. Do I have any legal recourse against this? If so, would I need to hire an attorney?

Thanks!

Phil Martin


Asked on 10/13/09, 1:57 am

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

It certainly sounds like a retalitory action by the landlord. On that thought, there is certainly legal recourse that can be taken. While you do not "need" to hire counsel to handle the matter for you, it is probably a good idea to do so because a lawsuit on these facts will require some detailed Pleadings and an in-depth knowledge of the law.

Alternatively, you can have an attorney review your Pleading or just prepare the Pleading and you still file it yourself.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at CAStateLaw.com

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Answered on 10/13/09, 2:05 pm


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