Legal Question in Landlord & Tenant Law in California
I've been paying for 1 bedroom apartment for 9 years, today I just received a letter from the landlord (24-hour notice of intent to enter premises) to remove/demolish unapprove added room. That means it's not really a 1 bedroom apartment but a STUDIO, the owner just added a room illegally. Should I now pay lower monthly rent or what? What should I do?
1 Answer from Attorneys
You cannot unilaterally reduce your rent. You can contact the landlord, and explain that with the removal of the room, your apartment is now a studio, and you should be paying less rent. S/He will almost certainly balk, and tell you about how you are paying less-than you should be given how long you have lived there, and if you cannot reach an agreement, your rights are to move, or keep paying the rent your landlord demands. Your occupancy is a month-to-month tenancy, so you have no legal expectation to remain in the property for anything more than 30 days at a time. The landlord can, therefore, change the terms of your tenancy on 30 days notice. This is a very unique situation, but there is no question that if you don't like what the landlord is willing to offer you now, he can give you a 60 day notice (it's sixty days because you have lived there more than 1 year), and you will be forced to move. Becuase you have no legal expectation to live there for anything more than 30 days at a time, you really don't have much, if any damages as a result of the landlord's actions. He could have just as easily give you notice and moved you out entirely.
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