Legal Question in Real Estate Law in California
Two rent increases within 3 months
I received two rent increases, one in September the other in November of last year which reflect an increase of 33%. There are no rent control laws in our area, at least at that time, and feel the increases were given haphazardly (sic) without any foundation. I have lived there since 1992 and have not had any upgrades done to the property since moving in, including fresh paint, carpet cleaning, etc. Additionally, I recently have been told that I cannot use my garage opener past 8:30 pm because it disturbs the tenants on the other side of the duplex. (The tenants are the owners son and daughter in law who recently moved in and complained about the noise the opener makes.) Do I have to follow these orders?
1 Answer from Attorneys
Re: Two rent increases within 3 months
As to the rent increases, if proper notice was given they are legal, and your option (in addition to negotiation) is to move elsewhere. It's just like buying gasoline; if Chevron goes up to 1.89 a gallon your alternative is to buy Shell at 1.85 or Brand X at 1.69 if that looks like better value.
On the other hand, not being allowed to use your garage after 8:30 is unreasonable. What do they expect you to do, leave the door open all night?
I think you can legitimately object to this. I suggest asking for a meeting to negotiate something more reasonable.
You probably can't threaten or sue, however. It's possible this landlord is trying to get you to move, in which case you may get a 30-day notice any time. Threats or suits could hasten the day.
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