Legal Question in Real Estate Law in California
rent was increased for improvements never made
In October 2002 the owner of the small trailerpark I live in raised space rent specifically to cover these expenses:paving our road and adding drainage ditches, installing security cameras and providing a larger dumpster. The dumpster happened, but the rest didn't. Part of the park was paved, but the tenants who still have a dirt road and the resulting dust are getting vocal about how unfair it is. The increase was a reasonable amount of money and I'm sure the landlord could have raised our rent without giving reasons - but since they DID give reasons don't they have to follow through?
1 Answer from Attorneys
Re: rent was increased for improvements never made
This looks like a situation that should be analyzed as a possible breach of contract. The offer is "If yoy agree to higher rent, I agree to make improvements." The tenants accepted the contract by staying and paying. The operator made some of the promised improvements, but not all. Failure to complete all the promised improvements would be a breach of the contract.
Even if this analysis is correct, however, that doesn't assure winning in court (or getting a favorable pre-trial settlement). The terms of the supposed offer, the way it was made, and the owner/landlord's performance would have to be analyzed carefully by an attorney familiar with unusual contract litigation.
If a fairly large number of tenants grouped together. it would spread the cost and lessen the likelihood of retaliation. This could be a candidate for certification as a class action.
Most of my cases are in Sonoma County; please feel free to contact me for a further free consultation.
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