Hemet, CA asked in Landlord - Tenant for California

Q: Retaliatory Eviction? Options?

Landlord tried to raise our rents (7 tenants in a house, 4 BR when originally built) by 30% or more on only 30 days notice. Me and another tenant resisted paying the increase after doing online research that he can only raises it 10% max.

Now landlord posted a 60 day notice terminating our tenancies on the front door of the house after reporting the landlord and owner to Code Enforcement (lots of probs, too many to list) claiming he's taking our rooms "off the market to remodel" which is BS. He hasn't made repairs for years and doesn't have the money to remodel.

It's a pretext to move us out and rent at the higher rent he's demanding.

Not sure if landlord is the property manager only (no RE license, used fake LLC on rent increase notices) or leases the house from the owner and rents out the rooms individually.

Both of us are over 65 (independent living) and don't want to be forced to move. Any Elder Abuse laws apply? Other options?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Yes to all of the above. Sorry to hear you are being subjected to this treatment. If you reported code violations before he gave any eviction notices, you probably have an excellent case to defend an eviction action on retaliatory basis. Once you win that you have a lawsuit against landlord for Retaliatory Eviction, and you have a 180 day window of protection against any additional eviction/rent increases. You should contact a local tenant rights attorney right away.

You can research LLC on Sec. of State website for businesses. Corp and LLC are listed there.

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