Legal Question in Landlord & Tenant Law in California
Rent raised $ 345.00 in past 2 years still no heat
The owner of the building I live in has raised the rent twice for a total of $ 345.00 in the little less than 2 years he has owned the building. The first time was $ 265.00 5 monthes after he bought the place with proper 60 day notice effective
11-1-05. When he took over in
7-05 I made a list of the repairs that were needed in my apt. and the most important item was my heater. I again requested that it be fixed on 8-1-05 when I paid my rent again with no results. On 8-15-05 I sent a fax requesting that they fix the heater and again with no responce. 8-25-05 sent letter return receipt requested and still didn't get fixed 11-05 rent gets raised $ 235.00 to $ 715.00 a month 12-05 send another letter return receipt and got no responce. called health dept. but heater still doesn't get fixed (City corruption) I still request it every month when I pay my rent but it still doesn't get fixed. On 4-1-07 I got another rent increase of $80.00 effective 6-1-07 for a total of $795.00 for a single apt with no heat and carpeting that was here when I moved 8 years ago On 4-9-07 I sent now a 3rd.letter that my heater be fixed. Since I have requested my heat be fixed since 8-05 and it still isn't fixed am I required to pay the increase on 6/01
2 Answers from Attorneys
Re: Rent raised $ 345.00 in past 2 years still no heat
You have done an excellent job so far. First, landlord can raise rent (with proper notice). You don't have to stay, as long as raise is at the end of a lease period. Secondly, I am assuming that you have copies of faxes, and certified letter. Your heater is the only option for a fight. (If the carpeting is old, but not hazardous, it is not a violation of landlord's duty. As to the lack of heat...you can withhold rent, or "repair and deduct". You can write a certified letter, that you are withholding a portion of the rent, 25%, 33%, 50%, etc. until there is heat. If landlord takes you to court (Eviction) you will have to show the judge that withheld rent was, and is, available (best to put it in "escrow" account at your bank). You can also make repairs yourself, and deduct from the rent. Stop writing letters, faxs, etc. and withold rent, or "repair and deduct". Frequently, a letter from a lawyer (to landlord) gets prompt action. Perhaps, you should consider that option.
Re: Rent raised $ 345.00 in past 2 years still no heat
I do not think Mr. Bennett is correct that in California you can merely deduct what you think the decrease in value has been. After proper notification and giving a reasonable period of time to correct the problem, which you have done, you can then spend up to one's month's rent to do the repairs and credit that against your rent obligation. If you could deduct a flat percentage every month from your rent, then no tenant would bother to pay the full rent. California does not allow this type of "self-help"; the courts wold be flooded with eviction cases and leases would contain provisions not allowing it.
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