Legal Question in Real Estate Law in California
Signed a 1 year lease in a 55 over apartment in CA. The manager comes yelling at out door about it being propped open even though others do it. I wrote what happened online and the manager has been harassing us since. While others get $20 increase she raised ours up $50 making it more than the next larger size. Would that be consider retaliatory that they advertize it for $1210 and raised our to $1260? Our neighbor was raised to $1215.
2 Answers from Attorneys
That could be retaliation. Contact a local real estate attorney to see what your rights are.
Retaliation as used in landlord tenant law means an eviction that is done for no other reason than to retaliate against a tenant who has exercised a lawful right. It is usually a defense to an eviction case.
With respect to rent increases, the landlord may increase anyone's rent, or even only some of the tenants' rents. provided that the landlord gives the proper notice and the property is not subject to rent control. If the property is subject to a rent control ordinance, then that ordinance must be complied with regarding amount and manner of rent increases.
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