Legal Question in Landlord & Tenant Law in California

Is this legal?

My apartment manager raised my rent in retaliation for an agreement between him and me when he was having my vehicle towed for not parking in the correct parking space. I unsuccessfully tied to explain to him that I was never told I was in the wrong space, or of any other rules for the complex. He served me with a 60 day notice and tried unsuccessfully to have me evicted for �failing to comply with complex rules about having consideration for your neighbors� So in turn he raided my rent the maximum the law allows 8% . I have a two letters from him both dated the same day, one was a warning notice for about �the parking lot incident that took place� warning me about parking in other tenants parking spaces and the other letter was advising me he was raising my rent. No other tenants had rent increases at that time or since that time. In addition, I pay 25% more than any other tenant does for a less comparable unit. The late fees rules are not applied equality, I am required to a pay late fee of 10% of my rent AND $10.00 per day until paid for rent not paid by the 3rd of the month when all other tenants have until the 6th or 9th of each month before they have to pay late fees. Not to mention the fees are excessive. Can you help


Asked on 3/09/05, 7:37 pm

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

Re: Is this legal?

I would have to see your lease agreement. Then I would have to research some law on rent increases. In either case, if your landlord sues to evict you, you can assert the defense of retaliation. However, from what you said in your summary, you don't have too much of a defense. Let me know if I can help more. (310) 806-9237. --Phil

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Answered on 3/10/05, 10:58 am


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