California  |  Landlord & Tenant Law

Legal Question

Asked on: 4/26/13, 5:26 pm

How can I prevent a possible retaliation claim yet also issue a rent increase and notice to vacate that I intended for a while?

A tenant in a SD bldg sent me a text message asking if I would offer a rent concession for missing 5 days of hot water while we fixed plumbing. I havenít acknowledged receipt of the message yet. I have planned for months to increase his rent with a 60 day notice (by about 50% to bring it up to market) and ask him to leave in 90 days so I can renovate his unit. I also planned to send the same notices to another tenant simultaneously. I already renovated 2 other units in the bldg (one vacant) and filled them with new tenants at higher, market rates.

Q1: how can I reduce risk that tenant might prevail on a claim that I retaliated by applying a rent increase and request to vacate shortly after receiving his request for rent concession? Will giving him the rent increase and notice to vacate at the same time as I do for the other tenant be enough? Q2: would it be safer to offer a rent concession before or after issuing the combined notice of rent increase and to vacate? Q3: What would a court deem as an ample rent concession for the missed hot water?

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

81 Answers given in the last few hours.

86611 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search