Landlord Raising Rent After I Requested Repairs

[Dunamisbass]

My question involves landlord-tenant law in the State of: California

Hi guys. I recently asked my landlord to make some repairs to a leaking shower floor and he agreed to take care of this issue, but now he is trying to raise my rent. He says it will take pressure of the cost of the repair. He also says he is raising it because my wife and I are having (our first) child and that will be more expensive for him. He essentially threatened to sell the home if we weren't able to accept the increase in rent.* It is my understanding that in CA, it is not legal to raise the rent in retaliation to the tenant requesting repairs to keep the unit livable. What should I do? We have been here for 16 months and have always paid faithfully. We do like it here, but I fear if we agree to the rent increase, it will set a precedent for it to be raised again for any reason. What stance should I take? Thanks in advance for everyone's help.*

Ps: when we moved in, we signed a 1-year lease which became a month-to-month lease after the one year was over.

[jk]

so, you believe the landlords expenses for the property have not increased over 16 months?

I am surprised it wasn't increased after the lease terminated.

do you have rent control laws where you live?

[Dunamisbass]

I do not believe that his expenses have increased. I also do not understand how my having a child costs HIM more money. The rent was in fact raised after our one year lease expired.

[jk]

I do not know a home where the costs to maintain do not increase as time goes on. As well, if he bears any costs for any utilities, there is an increase to him due to a child being in the home.

Then, property taxes often increase annually.





so, do you have rent control laws where you live or not?

[Dunamisbass]

I do have rent control in my area IF the owner has 5 or more properties in my city, which he does not. I understand how the cost of home maintenance may increase, however the home owner pays no utilities whatsoever. My question does not have to do with rent being raised due to increased costs to the owner. I am asking advice on how to handle this situation since the owner is illegally raising rent in response to my request to have repairs made, i.e. retaliatory rent increase. The law in my state says rent may not be increased within 6 months of any repairs made at the owners expense unless they can prove that it is not in response to the cost of the repairs. The problem with that is that I have an email from the owner saying that to relieve the pressure of the cost of making the repair, they want me to pay more rent. *
My question is: how should I handle this? Is it worth the trouble of fighting this? Or should I agree to the rent increase and possibly try to get another lease agreement to ensure a set rent for another 12 months? Thanks for your help, JK.*

[jk]

The law in my state says rent may not be increased within 6 months of any repairs made at the owners expense unless they can prove that it is not in response to the cost of the repairs. The problem with that is that I have an email from the owner saying that to relieve the pressure of the cost of making the repair, they want me to pay more rent. *

The question is:

what do you want to do? Given the email, it is obvious the intent of the increase which, as you state, it not allowed. If you would rather not make a big issue about this, then speak with the LL and explain to him the increase is not allowed by law. If you want a year long lease, I would suspect then would be a good time to suggest it. If you do not have an issue with the increase in general, possibly being willing to accept the increase in exchange for a year long lease might be an acceptable solution for both sides.

If you want to force the issue, refuse to pay the increase and if he attempts to evict you, counter the action with your defense. Along with that, you can also seek damages, both actual and punitive.