Legal Question in Landlord & Tenant Law in California

I have lived in my apartment for over 16 years - the four-unit changed ownership months ago and the new owners have never accepted my tenancy - they accepted the other, higher paying tenants, just not my tenancy. They installed a washing machine and dryer in the unit below mine for the occupants of that unit to use and they no longer maintain the building common areas as the previous owner had done. Now 5 months later - they still has not cashed one check or responded to my inquires with the "in term manager", her husband, when they will be accepting my tenancy and cashing my checks - nothing - in limbo - no notices or letters, nothing...what is the strategy? The new owner is a lawyer..I live in a rent control building and everyone automatically says "they want you out to raise the rent" but how is that even possible with this strategy? The housing department says, they can not force them to accept my rent, and until they make a move, such as an unlawful detainer etc, there is nothing I can do. And the Department of Consumer Affairs, said the same thing, until they do something there is nothing I can do. I am completely lost as to what they new owners are trying to accomplish...has anyone heard of this kind of strategy? .Any legal advise or insight would be greatly appreciated!!


Asked on 4/20/13, 2:35 am

2 Answer from Attorneys
Jacob Kiani Law Office of Jacob I. Kiani

Do you have a written lease with them. What do you mean by they will not accept the tenancy. If you are living there and paying rent, there is at least a month to month tenancy that has been created impliedly by operation of law. The month to month tenancy will continue until either party gives thirty days notice, but while you are living there and paying rent, I would assume the same rent control laws would prevent him from raising the next months rent more than a certain amount.

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Answered on 4/20/13, 8:18 pm


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