Menlo Park, CA asked in Consumer Law, Landlord - Tenant and Small Claims for California

Q: Landlord repaired parking to meet ADA after being sued, charged us and increased the rent by 18% without giving a notice

I have a restaurant in San Jose for 10 years. There are 2 other businesses in the same complex, we share parking spaces. In April, my landlord and I were sued along by serial ADA lawsuit filer for non-compliance, which included claims for sinks, dining tables and parking spot violating ADA. We verbally agreed that the restaurant will take care of repairing inside the restaurant while landlord took care of parking compliance. However, while waiting for settling this case, landlord increased rent without a notice for more than 18% in less than 12 months after prior increase. The lease agreement indicated 3% increase per year. Also the landlord charged us for 50% of parking repair fee in one time payment while charging other 2 businesses for another 50% by dividing into 12-monthly payments. I think parking fee should be his responsibility because this is his property and he verbally agreed to take care of it.

1.Is this rent increase illegal?

2.Can he charge us for parking repair?

thx

1 Lawyer Answer
Manuel Alzamora Juarez
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Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: Unfortunately, all matters in real estate must be in writing. Please have your lawyer look at your lease in order to ascertain your rights under that particular lease. Many landlords pass through all the obligations emanating from the lease property to the tenants. Is it fair? That depends on how badly you wanted the property. Can the landlord increase the rent after having already increased it for the year in question, that should also be addressed in the lease. If it is not in the lease, then the landlord better present a written agreement otherwise he could not sustain the increase unless you agreed to the new terms.

This is a very complicated litigation and it make take several years. I recommend that you retain an attorney right away to represent you on any settlement agreement with the ADA lawyers and with the landlord. They are both different matters and they both have different fees. Best of luck.

William John Light agrees with this answer

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