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Landlord is Raising Rent
The Landlord has increase the rent 12% and only gave a 30 day notice. The California law says that anything over a 10% increase requires a 60 day notice.
Tenant feels that the increase is rediculous but knows the Landlord can increase the rent if he wants to. TT (Tenant) feels that if the LL (Landlord) is going to increase the rent then he needs to make at least two major repairs to the house. The repairs requested are for the heating and the fencing in the backyard.
TT verbally advised LL of the heating situation before they moved in and signed the lease. LL told TT that he would take care of it within a few days of the move in. The GAS Co. went out to light the piolit light and told TT that GAS Co. could NOT light it due to issue that wouldn't permit them to. I think the lines were bad or something. TT advised LL about the situation.
At the time of move in it was Summer so TT told LL no rush but to have fixed by Winter. Again, this was a verbal. LL accepted. This took place Feb. 2003. It's never been fixed.
The fence in the backyard of rental is literally being held up by 2 x 4's. The fence seperates the TT and neighbor's backyard. Again, TT verbally notified LL and has periodically asked for status on fixing it. LL responds by sying he needs to "shop" around to find someone to fix it. This still has not been fixed.
Upon receiving the rent increase note, TT writes a letter to LL advising him of the law for the 60 day notice for increase and repairs that need to be addressed. Letter states that LL's original note is void due to improper notice, but will agree to increase if 60 day notice starts from date of the LL's original note. TT also states that LL had until winter of 2005 to fix heater even though the house is considered "Uninhabitable" by law.
TT feels that letter to LL was very fair and lawful but LL thinks otherwise! LL verbally dropped the 12% increase and asked for 10% instead. Doesn't this require another letter and 30 days for new or different increase? I believe it does! LL doesn't think so.
There have been a couple of telephone conversations of which the TT never gets to speak! The LL continuosly talks over TT and never listens to what the TT is saying or asking.
Lastly, LL has sent TT letter in rebuttal stating things that TT NEVER said or did! The question is where do they go from here and should they send a letter once again stating the false accusations?
PLEASE HELP!!!!!!!!!
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Landlord-Tenand Problems
What does the tenant wish to achieve?
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Rent Increase Issues!!!
The TT wishes to receive nothing other than the proper notification and time frame to pay the rent increase and have the fence fixed. The LL is the one making things difficult because he was upset at the fact that the TT took the time to read the law!! And now he is being asked to uphold his responsibilities, legally, as a LL.
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Problem Landlord
If I were the tenant, I would move.
The tenant probably won't get anywhere on the rent issue without taking the landlord to court. The tenant may, of course, continue to try to negotiate, and to assert that full compliance with the notice requirement is necessary.
Local housing authorities may be able to investigate the problems with the fence and furnace, and force the landlord to make necessary repairs.
Your friend should explore the various resources and links offered by the California courts.