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pnghiem · Oct 8, 2008, 12:13 AM

My landlord in CA gave me a 30-day notice to move out by the end of September of 2008 after having constantly harassing and disturbing me with loud radio noises, slamming on doors and verbal abuses. But when I was looking for another rental place and was preparing to move some of my stuffs to a temporary storage, she changed her mind and asked me not to move out stating that she did not want to loose a good tenant and promising not to disturb me again. However, she forced me to pay an immediate rent increase of 16.7%. I had no other choice but to pay the rent increase of 16.7% on the first of October of 2008 to avoid the hardship of moving. Today, I found out online at WikiAnswers that a landlord in CA was supposed to give a 60-day notice before a rent increase of more than 10%. Please advise what I should do now to protect my tenant right.

Thanks,

JudyKayTee · Oct 8, 2008, 05:32 AM

Originally Posted by pnghiem

My landlord in CA gave me a 30-day notice to move out by the end of September of 2008 after having constantly harassing and disturbing me with loud radio noises, slamming on doors and verbal abuses. But when I was looking for another rental place and was preparing to move some of my stuffs to a temporary storage, she changed her mind and asked me not to move out stating that she did not want to loose a good tenant and promising not to disturb me again. However, she forced me to pay an immediate rent increase of 16.7%. I had no other choice but to pay the rent increase of 16.7% on the first of October of 2008 to avoid the hardship of moving. Today, I found out online at WikiAnswers that a landlord in CA was supposed to give a 60-day notice before a rent increase of more than 10%. Please advise what I should do now to protect my tenant right.

Thanks,

My reading of California law is the same as yours. I'd print out the law and hand it to the landlord and ask for a credit against you next month's rent. I think, unfortunately, I'd also be prepared to be evicted or asked to move.

ScottGem · Oct 8, 2008, 05:40 AM

Did you sign a new lease? Or were you on a month to month basis?

I agree with Judy that, if you fight the increase, you may find her terminating the tenancy again, especially if you are on a month to month basis.

What I would do is look to find some place to move to, and then give her notice as well as pointing out the law. Stating that you will take a credit against the last months rent of the overage. Let her then sue you for the difference. I doubt if she will since she knows she will lose.

pnghiem · Oct 8, 2008, 01:13 PM

Thanks JudyKayTee and ScottGem for your advices. I am on a month to month basis so there is a risk in raising the issue with her since she could retaliate by terminating the tenancy again. But I suppose she is not above the law in taking advantage of her tenant with her better end of the bargain as a landlord.

JudyKayTee · Oct 8, 2008, 02:44 PM

Originally Posted by pnghiem

Thanks JudyKayTee and ScottGem for your advices. I am on a month to month basis so there is a risk in raising the issue with her since she could retaliate by terminating the tenancy again. But I suppose she is not above the law in taking advantage of her tenant with her better end of the bargain as a landlord.

Well, and maybe she really doesn't know what the Law is - as long as you're prepared for whatever comes next I don't see a problem in educating her -:)