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  1. #1

    Exclamation Landlord Gave Improper Notice of a Rent Increase

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

    Greetings, and preliminary thank you to those taking the time to read.

    Summary:

    I have recently been the target of what I believe to be clear cut landlord retaliation, and have documented threatening communication from my landlords that appears to foreshadow this retaliation. I have availed myself of these forums and any other online resources I could find, but would like to check my understanding of the law and my rights against the wisdom of this community.

    Background:

    I have lived in the same unit, owned by the same landlords, for the last 10+ years. They have proven to be untrustworthy and duplicitous, but tolerable--our interactions are civil but I try to avoid them as much as possible. Previous rent increases have always been delivered to me by hand, in person, and I have been present to receive them. This past March I received a text message to my mobile phone informing me of an increase in monthly rent of $300. I expected a notice to be delivered personally or by mail, but no further notice was served.

    Fast forward to about two weeks ago, when I emailed my landlords the following.

    "I am writing to you in regards to a text message I received informing me of an impending increase to my monthly rent. Per California Civil Code Section 827, legal service of such a notice must be either in person, or mailed with five additional days notice. As I received neither of these, I have paid my monthly rent in the normal amount of $X,XXX, and will continue until proper notice is served.

    In case you did mail the notice and it got lost somehow, my apologies. Please provide postmarked proof of mailing and I will immediately write a check for the difference between the two amounts, and continue monthly at the new rate."


    Response:

    My landlords did not reply via email, but rather via text message. The response contained the following pertinent details--
    • Identification of landlord's name and role as property management
    • Acknowledgement of my claim that proper notice was not given, including specific dollar amounts detailing the increase
    • Acknowledgement that they did not mail the notice
    • Counter-claim that they left the notice taped to my door
    • Ominous threat stating that they would deliver a new notice if I believed I was not given proper legal service, but that I may be "better off to honor the previous notice" and that once they serve the new notice they will have no choice but to go by the new notice.


    That last bit being a clear allusion to retaliatory action should I persist in exercising my legal rights.

    I responded to that text again stating that I received no other notice aside from the initial text message, noting that their previous response could be interpreted as threatening. I stated that I was under no obligation to honor their rent increase via text message, and told them that I would wait to receive the new notice by mail.

    Retaliation:

    About a week later I received a letter via certified mail from my landlords. It was their standard notice for rent increase, but this time the increase was $500 instead of $300. In response to me exercising my legal rights, they threatened retaliatory action and when I didn't back down they actually increased the increase! I never received a paper notice for what they claim was the initial increase, but I have my landlord clearly stating via text the amount that they intended this increase to be, twice--once when they initially messaged me to tell me about it, and again when responding to my email claim of no legal service. It's crystal clear to me that they raised my rent an additional $200/mo to recoup their losses and punish me for calling them on their failure.

    It's my layperson's understanding that CA Civil Code Section 1942.5 provides protection for a tenant against a landlord taking retaliatory action due to a tenant's exercising of a legal right.

    Questions:

    Do I understand correctly that I have the legal right to refuse to honor my landlord's rent increase via text message? They clearly didn't deliver it in person, and admitted in writing that they didn't mail it either.

    Assuming I'm correct, what should I do?

    Should I inform my landlords that their further increase constitutes retaliatory action and give them the opportunity to retract it?

    Or do I keep the cards close to my vest, and lawyer up immediately? I've read advice articles elsewhere online that suggest immediately going to small claims if you believe you can prove retaliation, and that if you win, your landlords may be liable for your legal costs. I certainly believe I can prove retaliation.

    Would another option be perhaps to have a lawyer send an official letter on my behalf to try to get them to back down, before actually going to court?

    Please advise. A $300 increase is bad enough, but $500 is insane and I would absolutely prefer to fight that if I can.

    Again, thank you so much for taking the time to read.

  2. #2
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    Default Re: Landlord Gave Improper Notice of a Rent Increase

    You do not benefit from a presumption of retaliation under Civil Code, Sec. 1942.5, as you have raised no issue relating to tenantability / habitabilty:
    Quote Quoting California Civil Code, Sec. 1942.5(a).
    (a) If the lessor retaliates against the lessee because of the exercise by the lessee of his rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:

    (1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, or has made an oral complaint to the lessor regarding tenantability.

    (2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.

    (3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.

    (4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.

    (5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor. In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
    The question is thus whether you can prove retaliation under the catch-all provision of subsection (c):
    Quote Quoting California Civil Code, Sec. 1942.5(c).
    (c) It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees' association or an organization advocating lessees' rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor's conduct was, in fact, retaliatory.
    Whatever argument you may attempt to make over the increase of the increase from $300/month to $500/month, there is absolutely no basis to claim that the initial rent increase was in any way retaliatory, and you have not indicated that any rent control ordinances apply to that increase. At the end of the day, you cannot reasonably expect to avoid a rent increase and, should you fail to pay your rent in full such that the landlord attempts to evict you, should expect at best to be granted relief in relation to the portion of the rent increase that you prove to have been retaliatory.

    Certainly, you can consult a lawyer about the rent increase, the possibility of bringing a court action over the rent increase, and the prospects of prevailing. You can discuss with your lawyer how you might approach the landlord during negotiations over the increase and your claim of retaliation. Or you can attempt to negotiate directly with your landlord.

  3. #3

    Default Re: Landlord Gave Improper Notice of a Rent Increase

    Thank you for your reply. To clarify, I am not seeking to avoid a rent increase entirely, but rather avoid the punitive increase to that increase which came after they suggested I'd be "better off" honoring their original notice via text message. It is subsection (c) that I was looking at, but because it's less specific (as you said, a catch all), I was looking to confirm that calling my landlords out on failing to properly serve my notice of rent increase constitutes me exercising my legal rights under Civil Code 827.

    I am not claiming the initial increase was retaliatory, nor am I contesting the habitability of the unit.

  4. #4
    Join Date
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    Default Re: Landlord Gave Improper Notice of a Rent Increase

    they suggested I'd be "better off" honoring their original notice via text message.
    Yeah, I think you should have, too.

    The purpose of "notice" is to make you aware of something. Granted, they didn't do it according to statute but you turned around and acknowledged receipt of the notice.

    I think a court will ultimately hold that notice valid.

    What a court might do about a new notice of even higher rent is beyond me but the fact is that you are, at least, in default of the rent increase and subject to eviction.

    I suggest you subdue your "jailhouse lawyer" attitude and do a little begging with management, with $300 check in hand, to go back to the first increase.

    Or, find another place to live.

    Realistically, I don't see you winning this but you are welcome to pay a lawyer $300 per hour (with a big retainer) to tilt at this windmill for you.

  5. #5
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    Default Re: Landlord Gave Improper Notice of a Rent Increase

    California courts normally strictly apply statutory notice requirements, such as those set forth in Civil Code Sec. 827(b) and CCP Sec. 1162, and I am not aware of any cases in which they have deemed any notice of a rent increase that does not meet the statutory requirements to be proper. I thus think the issue is much less whether the first notice is valid (the landlord appears to be conceding that it is not) but whether the rent can properly be increased by $500 per month as opposed to the original increase of $300.

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