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Hello! I'd like some guidance regarding a situation I am having with my landlord.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: Has any paperwork been filed?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The landlord's bike was stolen due to one of the tenants (there are 3) who could have left the garage door open. He is blaming us for this and is asking that we pay him for it (by an increase of rent that would pay off the $4,000 bike in 12 months). We feel this is somewhat illegal.

Submitted: 1 month ago.Category: Real Estate Law
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3/11/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,380
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

Thanks so much for your patience. A landlord in CA cannot raise the rent without at least reasonable notice (usually 30 days) in writing. The landlord cannot raise the rent during a lease period or during the month if the tenant is on a month to month agreement. If a person believes that the negligence of another caused their harm, then they could sue or demand payment as a recourse; however, if they are a landlord, they cannot just provide for their own penalties by raising the rent.

The short answer is that this is illegal.

You may want to consider just writing a cease and desist letter regarding the rent and please do not pay any additional rent.. There’s a site that I’ve used in the past where you can find a good template cease and desist letter (click here). Lawyers use letters like these often to enforce their client’s rights. It only costs $10 and it is way cheaper than litigation. How else can I help you today?

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Category: Real Estate Law
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