Legal Question in Landlord & Tenant Law in California

can a landlord raise the rent when building has code violations

The new owner plans on raising my rent 1/2 the amount of what it is now without fixing any of the things that the previous owner should have but didn't. my heater has never worked my kitchen floor has no covering the sub floor has a hole in it big enough you can put your hand through and grab a hand full of dirt the plaster is cracked and buckling throughout the entire apt. with water stains and places that the plaster has fallen down. I have 7 electrical outlets in my apt.with 3 different breaker boxes 2 of them aren't even in my apt. 1 is my neighbors apt. and the other is in a walkway outside when it rains water leaks in my apt from around the livingroom window.I can not run 2 appliances like a blow dryer and micro or toaster at the same time without blowing a breaker or if a neighbor runs a power tool the lights get real dim the ac or fans almost stop.Can he raise the rent with code violations and without fixing the major problems like the floor,roof and heater and also the hot water runs in a stream in both the kitchen and bathroom which makes it like a sauna The at isn't even worth what I am paying now without the increase. could someone please advise what options I might have I can't relly aford to move right now


Asked on 8/16/05, 5:31 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: can a landlord raise the rent when building has code violations

If you're in a rent controlled area, your rent cannot be increased by 50% at one time. If you're not in a rent controlled area, a maximum of 10% increase in rent over the past 12 months is allowed. At least 60 day's notice is required for increases of more than 10%, and the landlord may increase rent by 50% as long as it is not in retaliation for your complaints. If you are still within your lease period and not on a month-to-month basis, your rent cannot be increased at all because its subject to the contract. If the LL does not effect repairs, you may give notice that you will repair and deduct the costs from your rent. Good Luck.

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Answered on 8/16/05, 6:58 pm


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