Legal Question in Landlord & Tenant Law in California
Hi,
I will first tell you my situation, then ask you the question.
I stayed in a residential hotel in San Francisco for about nine months. The hotel raised the rate by $70/ week after about nine months of stay, in which I was forced to move out. After I moved out, I found out that I might have been overcharged throughout my stay. The rate when I moved in was $159+tax= $181 total. My rate never went down after four weeks. I thought it should because there was no eligible tax applied. I met with the owner, and her explanation is that the hotel does not charge tax after four weeks, but the hotel just changes the rate to a flat rate of $181 (the same total as with tax). She agreed to pay back 50% of the "extra money." I would like to get the full refund, and am wondering if I would win a small claims case if necessary.
These are the issues I am wondering about:
1.Would changing a base rate of $159+tax=$181, to a flat rate $181 be considered a rent increase?
2. Is raising the rent $70/week after 8 or 9 months of stay an illegal rent increase?
3.This hotel used to have a policy that a person could stay longer than four weeks, but after four weeks, the person would have to pay in cash, and could not be given a receipt. Is that legal?
Looking forward to your advice, thanks.
Evan
1 Answer from Attorneys
San Francisco has it's own very unique landlord tenant and residential hotel laws, and the attorneys who deal with them are almost exclusively in the City Attorney's office or non-profit groups. So you are unlikely to find an answer among the private-practice attorneys who answer questions here. I'm a former Deputy City Attorney, but even I don't know those laws because I never handled those kinds of cases. I suggest you do a web search for a tenants rights group in the City. They will be on top of these laws and regulations and be able to help you.