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  1. #1
    Join Date
    Feb 2010
    Posts
    15

    Default How to Prove a Rent Increase is Retaliatory After More Than Six Months

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

    I was the on-site manager for my current landlord/management company, a 27 unit complex.

    1 year ago, I realized they were breaking every employment law in the book regarding my pay/hours/rent/etc.

    I confronted them about it, and rather than go to court, they decided to settle prior, and paid me the money they owed me.

    Now my lease is about to be up, and they are increasing my rent by 30%.

    I feel it is clear retaliation, as my unit has had no upgrades compared to others in complex that they have recently rented, and my new rent will be MORE than the larger, upgraded units. And FAR more than what comparable rentals in the area. New rent is WAY overpriced. I am not arguing that a rent increase isn't fair, I am arguing the AMOUNT of the rent increase.


    California Civil Code Section 1942.5 makes it illegal for a landlord to retaliate toward a tenant within 6 months. Bit of a grey area since yes I was a TENANT that exercised my legal rights 1 year ago to make them fix their illegal actions, but also and EMPLOYEE.

    My question is this: do I have legal recourse even though it has been MORE than 6 months since we settled out of court for their illegal employment/rent actions?

    Any other advice on how to dispute an exorbitant 30% rent increase?

    THANK YOU!

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: How to Prove a Rent Increase is Retaliatory After More Than Six Months

    You seem to be indicating that you received a significant rent break in association with your being an on-site manager, and it sounds like you ended that relationship. You have also indicated that your complaints about your employer related only to the employment and were not at all related to the apartment or its habitability. Further, you seem to be stating that the rent they are charging is fair, but that you think that the amount of the increase is unfair. You can clarify the facts, but so far I'm not seeing anything in what you write that would make this "retaliatory" in any sense that would protect you from a rent increase and, as you already know, you have no plausible basis to claim a presumption of retaliation based upon Sec. 1942.5 of the Civil Code, even if we assume that there was something in your complaints that would have implicated that section.

    If you are in a community with rent control laws, you can see if they apply to your situation.

  3. #3
    Join Date
    Feb 2010
    Posts
    15

    Default Re: How to Prove a Rent Increase is Retaliatory After More Than Six Months

    Not in a rent control area. The new rent is definitely UNfair. More than larger, upgraded units in my same complex. Far more than fair market value for such a crappy place in my area. My complaints before were all employer related, so I understand it's a reach here to go from employer complaint to tenant complaint since it's all commingled here. I was paying less rent before since yes, I was onsite mgr, but also since I was in a lease. I am not disputing a rent increase, I amdisputing the large amount, 30% rent increase and it seems like I'm being singled out. Thx!

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Prove a Rent Increase is Retaliatory After More Than Six Months

    If you have no basis to allege a retaliatory increase, and there is nothing in the law that prevents the increase, then your options are to try to convince your landlord to charge you a lower amount of rent or to look for a different rental unit.

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