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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35820
Experience:  16 years real estate, Realtor. Landlord 26 years
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I'm totally disabled, 98 percent bedridden and on section 8

Customer Question

hi. I'm totally disabled, 98 percent bedridden and on section 8 housing. my landlord raised my rent by 200 dolls starting sept 1, more than 10%. i've been here for over 10 years. this is the 4th rent raise despite that i'm on SSI. is there a limit to how much he can raise my rent? also, he refuses to fix problems, like the kitchen faucet is leaking. i've written him twice with no response. also, there's rats in the walls and they run on the roof. i have rat mites and they're on my bedding, pillows and me. he knows about it and refuses to pay. i have an appt this month with an opthomologist because the mites get in my eyes when i'm sleeping. is a total nightmare, suffering and i'm already in severe constant pain from injuries. i probably said to much but i'm desperate as what to do. he is forcing me out. I've been a perfect tenant, but he's been a terrible slumlord. i don't have money or means to move in my condition. thanks, danielle
JA: OK. The Real Estate Lawyer will need to help you with this. Have you talked to a lawyer yet?
Customer: not yet. can't decide what to do first.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what city and state this is in?

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Are you in a rent controlled building?

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Is there some reason you haven't called the Code Enforcement or Building Inspectors to come out and inspect the property for violations?

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thanks

Barrister

Customer: replied 9 months ago.
Santa Cruz, Californianot rent controlled bldg. i'm on section 8 prorated rent. I haven't know who to call. I don't have money to pay. must be free service. do you have numbers for me to call or exact names i can get from directory assistance?
Expert:  Barrister replied 9 months ago.

Ok, then if you aren't in a rent controlled building, then the only law that applies to the rent is CA Civil Code Section 827(b) that says if you are month to month and the increase is over 10%, they have to give you a written 60 day notice. If under 10%, it only requires a 30 day notice .

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As for who to call, there would be a local Code Enforcement or Housing Inspector you can call to have them come out and inspect the property at no cost to you. These are public servants who do this as their job. They can cite the owner for any violations and then force them to make repairs and get rid of problems like vermin infestations.

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Further, once you file a report and request an inspection, you are protected for at least 6 months under CA retaliation laws from any negative action being taken against you due to you exercising your legal rights.

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This is your local Code Enforcement office: http://www.cityofsantacruz.com/departments/planning-and-community-development/divisions/code-compliance

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How do I Report a Violation?

If you think a property or area might be in violation of the City ordinances or codes, you can easily file a complaint.

How to File a Complaint

  • Online Form

    Complete the Property Complaint Form and download it to your computer. Attach the completed Property Complaint Form to an email, include any pictures, to *****@******.*** as an attachment.

  • Call
    Call the Planning Department at(###) ###-####and press menu option 4

 

  • In person
    Visit the Planning Department during normal business hours
  • By mail
    Print a hard copy of the Property Complaint Form and mail to address below (also on top right of form):

City of Santa Cruz
Planning and Community Development Department
Attn: Code Compliance Division***** Room 206
Santa Cruz, CA 95060

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thanks

Barrister

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