Legal Question in Real Estate Law in California

can oweners charge me for repairs?

my new owner came into my apt today and said he needed to put in a new carpet and do ''home improvements'' stucco etc, and that we/my apt people have to pay for the repairs our selves. he said it will cost over $26,ooo dollars and we may have to pay for it over the next few years! my rent will now be raised over a $100.oo is there anyway i can stop this! is this true! please help!


Asked on 7/18/02, 12:35 pm

4 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: can oweners charge me for repairs?

No, they may not charge you for these repairs or improvements.

They can raise your rent 10% with a 30 day written notice, or more with a 60 day written notice. If you are in a rent control area, they must normally get approval from the city to raise rents.

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Answered on 7/18/02, 1:08 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: can oweners charge me for repairs?

There are several different concepts that may come into play here depending on the facts. When you understand the concepts you can fit the facts to them and come up with the right answer.

First, you can be forced to pay for repairs to damage that was caused by you or your fault.

Second, you cannot be required to pay for damage for which you are not responsible.

Next, if the proposed work is general renovation made desirable by the property gradually aging, or improvements desired by the new owner to make it more attractive or more valuable, you cannot be forced to participate in the cost against your will.

However, unless you have a rent level locked in by a lease, you can be 'forced' to pay for these kinds of projects through properly-noticed rent increases. Your alternative is to move out. If you DO have a fixed-rent lease, you're protected until the expiration of the lease term.

It sounds to me as though the new owner wants to renovate the property and is forewarning the current tenants that the property's condition, desirability and value, and hence the rent level, will be increased in the future, perhaps in several steps.

If so, you and the other tenants will have to decide if you want to live in a recently-renovated place at higher rent or move to another lower-rent place. That's a matter of personal choice, not really a legal issue.

In a rent-control area, the answer might be the same or different depending on how the particular ordinance treats a landlord's upgrading investments.

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Answered on 7/18/02, 2:44 pm
Robert Mccoy Law Office Of Robert McCoy

Re: can oweners charge me for repairs?

A landlord has to give you 30 days notice of a rent increase if you do not have a long term lease. A landlord may increase rent to whatever he wants, i.e. a million dollars a month, if you do not live in a rent control district (which includes about .005% of California--you probably do not live in a rent control district and if you did you would definitely know about it). A landlord cannot remove you unless he serves you with an unlawful detainer notice.

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Answered on 7/18/02, 3:14 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: can oweners charge me for repairs?

No, unless the lease says otherwise, but that would be highly unusual for residential leases.

They can raise your rent, with proper notice under the lease.

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Answered on 7/18/02, 6:38 pm


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