Legal Question in Real Estate Law in California

Rent Question

Hi there, I live in an apartment

complex in L.A. and I pay 775 a

month for my rent. My neighbor

above me dropped her rent payment

receipt and I happened to pick it up,

noticing that her rent is 625 per

month. I live in a Studio apartment,

most of the other units are larger,

holding familys of up to 5. None of

the units are smaller then mine. I've

only been here a little over a year-

my question is, is it legal for my

landlord to charge me 150 more per

month than someone else who is

clearly living in the same or larger

sized unit? I also happen to be the

only caucasian in the complex.

Thanks.


Asked on 5/10/09, 4:23 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Rent Question

L.A. has rent control; I do not know the details, but normally it freezes the amount of rent that can be charged a tenant until a new tenant moves in. Perhaps she moved in several years before you did. You situation is one of the reasons I think rent control is counter productive; tenants new to the city, who often are students or just starting out in a job and thus among the lower paid workers get charged more than long time residents who are discouraged from moving to avoid higher rents. Since the landlord's profit margin is cut down by rent control, once a apartment opens up the landlord will charge as much as he thinks he can to try to push his profit margin up to what he feels is a reasonable rate of return.

In general, assuming no rent control, at the beginning of any rental period, upon proper notice for lease renewals, the landlord can charge any tenant what ever he wants to. Race or other suspect categories can not be the basis of the difference.

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Answered on 5/10/09, 9:15 pm
David Gibbs The Gibbs Law Firm, APC

Re: Rent Question

The landlord can set rents at whatever level he wants, unless you have rent control. You will want to check with the local housing authority that covers your area, as some parts of LA do have a form of rent control. It is very possible that you moved in at the height of the market - when rents were at their highest, and the other tenant moved in long ago, and even with rent increases, her rent simply hasn't gotten to the level you are at. There is nothing that says the landlord has to increase her rent to keep up with market rents, nor does he have to intentionally keep yours lower so its the same or less than someone who has been there a long time. Unless the local housing authority says there is something in this that violates a local rent control ordinance (if one even exists where you live), you have no claim against the landlord.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/11/09, 1:39 pm


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