Oakland, CA asked in Landlord - Tenant for California

Q: how can I tell if a letter was written by a lawyer? My letter looks like the landlord wrote it not a lawyer.

Landlord has been told that her Notice to Vacate and Quit were given in retaliation of our rights to ask for repairs. The Notice To Quit was Sept.30th 2015, we did not move out. Waited for landlord to file an Unlawful Detainer instead got a hand deviled letter from her Attorney (plan paper no heading, landlord name or information not on letter) Notice To Change Terms Of Tenancy To Increase Rent.

I can stay and on Dec.1,2015 my rent will be $3500 not $2000. Landlord received Fire Marshall and Housing Code Violations and a letter from a lawyer on our behalf of her actions. She has ignored everything.

Related Topics:
1 Lawyer Answer

A: You have a lawyer so I am not sure why you are asking that question here.

I cannot see that it makes any difference whether the letter comes directly from the landlord or from his attorney, as long as the attorney states that he represents the landlord.

The landlord has opted to get you out by making the rent excessive, and there is no law prohibiting him from raising the rent, even even if it is unreasonably high -- way above market. However, you have stated that you had given him notice of needed repairs, and he did not respond. It seems likely that the rent increase is for the purpose of getting you to leave. That could be evidence that he is retaliating for your action in demanding repairs as permitted by law. But I have to ask: Do you really want to stay there? Why not take the opportunity to make an orderly transfer to better conditions? If you decide to fight it, consult your attorney. You will need to do a market survey to determine if the demanded rent really is exorbitant, and to get some assurance that the landlord's action is really illegal retaliation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.