He emails me last month to sign a new lease including the amounts that he lost in my bankruptcy last year. where he was listed for past due rent. Increasing my rent for one year an extra $450 a month. Which makes it unafordable , Rent $1800 +$450= $2250.
He's gotten his rent every month since the bankruptcy. Facts:
6-28-12 he moves from Hawaii to Lake Tahoe, gives me a new PO box to send payment.
7-1-12 I sent rent.
7-2-12 I get 3 day pay rent or quit.
7-3-12 I called to explain it was mailed. No response.
7-12-12 I receive Unlawful detainer taped to my front door from an Attorney (dated 7-10-12)
7-12-12 Checks are not cashed.
This sure feels like a retaliation to me.
Any suggestions other than to pack up and leave, which is what it's looking like.
This is not retaliatory eviction. Retaliatory eviction is when the landlord seeks to evict the tenant or takes other retaliatory action within six months after the tenant has exercised a legal right, such as using the "repair and deduct" remedy, complaining about the condition of the rental unit to the landlord or to an appropriate public agency after giving the landlord notice, filing a lawsuit or beginning arbitration based on the condition of the rental unit, or causing an appropriate public agency to inspect the rental unit or to issue a citation to the landlord.
The landlord is entitled to raise the rent to whatever the market will bear, unless the amount of rent increase is subject to rent control, such as the Los Angeles Rent Stabilization Ordinance.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.
Agreed the landlord has the right to raise your rent. He also has the right to evict you if you have not paid and he hasn't received the rent.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.
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