Legal Question in Landlord & Tenant Law in California
retaliation from landlord
Our landlord has been illegally increasing rent for 4 yrs & after writing him letter, he gave us 30 days ntce to evict. We filed complaint w/Housing Dept & he cancelled said ntce but would still not reduce rent nor agree to refund excess amount. He has now agreed to do monthly credits but is also giving 30 day ntce to remove washer/dryer, even though it was expressed verbal agreement for which we paid $150 for laundry hookups w/his consent & additional $25 p/m for water costs. He'll now reduce the $25 but wants machines removed. Also, he ok'd us ripping out carpet due to children's allergies 1 yr ago, but now wants medical proof or he'll install carpet again. We think he's retaliating for us filing our complaint & him having to pay back $3000 in excess rent so that we will be frustrated & move out instead. Can he unilaterally change the terms re the washer/dryer? What rights do we have given he never wanted to do written contract, it was just a month to month verbal agreement?
1 Answer from Attorneys
Re: retaliation from landlord
You have written quite a complex set of facts.
He cannot unilaterally change the terms of your washer/dryer agreement.
Even though though there is not a written contract, an oral, i.e. verbal, agreement is as binding as a written contract, just much harder to prove.
You have the same rights as under a written lease. If and when you get to court, it would be a case of who the judge believes.
Your letter seems intelligent, and, therefore, I assume you are pretty bright. How could you stay with this "miser" for 4 years, and not move out? Surely, you didn't expect things to get better.
Good luck!
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