Van Nuys, CA asked in Landlord - Tenant for California

Q: LL wants to increase rent on an illegal unit by 50% total within a 4 month period. Is this allowed? Can I refuse it?

Landlord-Tenant. Landlord gave verbal 30-day notice of increase and refuses anything signed/in writing. I have no problems paying higher rent but 50% is too much (25% now, till Dec and 25% again in Jan).

Can I refuse to pay this amount and how do I explain to the LL since this is on an illegal rental? How am I covered by law as a renter?

Renting over 10 years. However, living conditions have gotten worst. The unit we rent that is a converted house extension. Highly doubt that it has permits for renting out. To this day, reported multiple problem areas (ex. leaking roofs, no working outlets, roots in pipes, no insulation, termites and rodents). LL only enlists family/friends to do repairs because of costs. Provided A/C units to other tenants - no summer compensation for us.

Personal relationship with LL was good until recently (after more renters moved in at higher rates). I was only made aware of RSO laws last month by co-worker who is a contractor and is hoping for advise.

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

A: Your situation is one of real distress. Your dwelling is not only in serious violations of the habitability codes but also in violation of permits required for modifications to a house. If you call the City inspectors, you assume the risk to be told to move out by the City inspectors. On the other hand, if you do not do so, your LL will continue to harass you. So, one of the solutions may be to ignore him and wait for him to make his move.

Meanwhile, search for a new place and then sue him for the severe violations of the warranty of habitability and for violations of the Peace of Quiet enjoyment. If by some chance, the City inspector does not ask you to move and only requires the LL to repair the dwelling, then you can still live there and sue him for retaliation. The process is tricky so at some point you need to hire an attorney to help you with your case. Best of luck.

1 user found this answer helpful

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