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I am a renter and I have been here for going on 5 years, the…

Customer Question
I am a renter...

I am a renter and I have been here for going on 5 years, the new owners bought the property 2yeaes ago and have remodeled all the vacant ones but not ppl who still live here. They keep going up on the rent but I'm not getting any remodeling done. How long can this go on and I not get my apartment done

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No, I have put my request in writing for up grades

Lawyer's Assistant: Where is the apartment located?

Downey ca

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

Am I entitled to upgrades? They replaced a stove but it was put in shody

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 17 minutes by:
5/31/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,152
Experience: Licensed to practice before state and federal court
Verified

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.

I'm sorry to hear about your situation. Unfortunately, the law in CA doesn't require upgrades of a unit. The law only requires that the place be habitable. If upgrades are necessary to keep the place habitable, then yes, they must make them. Otherwise, the upgrades aren't required. I'm very sorry!

Because I value your input, I would like to know what other questions did you have for me today that I can help out with:-)?

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Customer reply replied 2 months ago
But my apartment is not worth the 100 fee increase that I just got. Then they out in a shoddy stove where the plug comes out on the kitchen floor, but yet they want to raise the rent by 100 then they tell me tonight that if I want an upgrade I have move out then move back in under the new rent amount of 1495. That's mire than a 300 dollar increase. Is that legal
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

I see what you mean. So, the law allows them to raise the rent, but the law does require them to keep it habitable. I'll explain further.

This appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair defects in the rental unit. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement (in extreme cases); 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

You may want to consider just writing a drafting a notice to the landlord detailing the problems and that you will exercise one of those options if they do not make the necessary repairs to the property. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

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