Is this legal for a landlord to do ?

Is this legal for a landlord to do ?

Long Beach, CA · Member since 2014 · 6 posts · 0 votes

Many disabled senior tenants who are on a fixed income and who have been residing in the complex of 16 units from 3 to 20 years month to month. Owner is aware of the disabled and senior tenants . He has never raised the rents. There is no accommodation in the units or within the complex. There has been an infestation of coach roaches and termites for as long as I've resided there, and plumbing is backed up and will not and cannot be properly fixed because it is in the pipes of the entire building. Landlord has not corrected the problem. There was a private manager who live on the premises. He passed away. Shortly after the landlord hired a real estate management company who began to send a series of harassing threatening letters to gain entry to the units.

The first letter stated that a inspection would take place and a date was given. It went on to say that locks will be changed on units in which entry was not given. On the date given a woman comes out and goes into each apartment and looks around . I informed her of the infestations and plumbing and things that needed repairing.The woman says someone will call you and leaves.. I received no call....A week later another threatening letter is placed on the door saying someone will be out on dates given and again threatening to change the locks to the units. 2 weeks later a maintenance guy comes out and changes a light bulb. Tells me my electrical outlets are dangerous but do not fix them. 2 weeks later I received a notice of rent increase of 10/% and change of terms all on one letter. The thing is the letter only outlines leases. Tenants are told to choose one and return it by a specific date or else their rent would automatically increase 675.00 to 780.00 month to month. On this letter there are no owner, or agent signatures. But they want mines. There are no company name or logo. Neither is there any new lease just the letter. The letter goes on to say that all other still applies. How could they tell me that all other still apply when my original contract they are trying to void out with a lease or should I say a piece of paper with no foundation. Is this legal and what can I do about it. Many of the disabled and seniors in this complex they have signed this due to force and being afraid. I believe they landlord wants us out for his own reasons but since we are good tenants and pay on time he forces us to sign 12 month leases when we are on month to month. With the signing of these leases he does not have to renew them after 12 months. Or perhaps this management company his agent he hired is up to no good expecting us to sign something with no foundation. The funny thing is they got the majority of the disabled to sign it

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Residential Real Estate Agent · Cookeville, TN · Member since 2013 · 1k+ posts · 948 votes
12y

You can always move if it's so bad.

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  • Real Estate Investor · Hampton, VA · Member since 2012 · 562 posts · 109 votes
    12y

    Doesn't sound legal to me, but you may want to get an attorney involved. Regarding the electrical outlets/infestation and other issues you may want to get the city code compliance involved as well.

  • Residential Real Estate Agent · Cookeville, TN · Member since 2013 · 1k+ posts · 948 votes
    12y

    You can always move if it's so bad.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    12y

    You should see if you can go to a legal aid office near you. Might drop the owner a short, to the point type letter, they may be unaware. :)

  • Residential Real Estate Agent · Cookeville, TN · Member since 2013 · 1k+ posts · 948 votes
    12y

    I don't know the specific laws in your state, but generally speaking, if you are on a month-to-month type of basis, then yes, the landlord can change things with a 30-day notice to you. And they can ask you to either sign a new lease, or move out. And they can increase the rent. Your age and disabilities have nothing to do with it.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    12y

    There are rental organizations that can tell you what they are doing that is and is not legal. Sending written notices for inspections and then doing them as planned is not illegal and in fact something you hope your landlord does. You want to be sure the units adjacent to you are safe. Changing locks because they cannot get into a rental unit would also seem reasonable. This is not locking tenants out this is insuring that the landlord can access all units for emergency repairs. Tenants would get keys to their units.

    Regarding complaints, it would be good to put them in writing and send them to the landlord address. Specific written complaints support any claim you make that they are not maintaining safe living conditions. My guess is your maintenance guy is commenting on the dated outlets that are not 3 prong grounded. You can look that up and followup but many older buildings have them. However it is a guess on my part you need someone right there who can see what he is talking about.

    I think the change in management is shaking things up. Hopefully it will lead to better maintenance but it will definitely lead to higher rent. You can check with tenant rights groups to see if the terms he offers are legal in California but if they are and you can't afford the new rents the story is over and unfortunately your energy may be best spent looking for a new place. If the terms are not legal you need to talk to a lawyer or legal aid group to see what you need to do. Another thing that might help would be ask for the property manager to set up a meeting to explain the changes to a group of tenants. That might help people understand the changes and get an idea of what kind of changes you can expect to see longterm and when. California has a lot of tenant laws so it would be beneficial to run this by someone who understands them well.

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    12y

    Are you paying way less then market rate to live here?

    Because I don't understand why you would want to even stay there if there are dangerous electrical outlets, cockroaches and backed up plumbing.

  • Bedford, NH · Member since 2012 · 2k+ posts · 1k+ votes
    12y

    Follow Colleen's advice. The laws that will apply are very state-specific, and what Bryan is telling you may be true in Tennessee and nowhere close to true in California.

    You don't say, but often when people speak of elderly and disabled as distinct interest groups within a housing context, it is because the complex was built and/or acquired with help from some government program or other.

    Some people think that tenants in these forms of subsidized housing are leaching. Whether they are or not, what those same tend to forget or gloss over is that the landlords of those complexes may a deal. And they should honor that deal, or they are far bigger leaches than any individual tenant.

    So I would look into that. Or actually, do as Colleen suggests and have someone who knows California laws and the local housing scene look into it. If the landlord took money to provide below-market housing to the elderly and disabled and now wants to force them out, he is a giant welfare queen and should be resisted.

    On the other hand, be prepared for the possibility that the low rent and bad maintenance were the result of bad property management by the guy who died, and the new company is just taking care of things (inspections, maintenance, re-keying, leases, rent increases) that should have been happening gradually over the course of years.

  • Accountant · cedar rapids, IA · Member since 2013 · 99 posts · 46 votes
    12y

    just move

  • Long Beach, CA · Member since 2014 · 6 posts · 0 votes
    12y
    Originally posted by @Bryan L.:
    You can always move if it's so bad.

    Yes this is true but I would say that it's the easy way out and perhaps what many landlords want you to do. Or why leave the issue for the next when you can possibly do something to cease the problem. I live in California where there are laws here in which landlord must abide by. It is perfectly fine for him to go up on the rent. However, one must do it legally.

  • Long Beach, CA · Member since 2014 · 6 posts · 0 votes
    12y
    Originally posted by @Colleen F.:
    There are rental organizations that can tell you what they are doing that is and is not legal. Sending written notices for inspections and then doing them as planned is not illegal and in fact something you hope your landlord does. You want to be sure the units adjacent to you are safe. Changing locks because they cannot get into a rental unit would also seem reasonable. This is not locking tenants out this is insuring that the landlord can access all units for emergency repairs. Tenants would get keys to their units.

    Regarding complaints, it would be good to put them in writing and send them to the landlord address. Specific written complaints support any claim you make that they are not maintaining safe living conditions. My guess is your maintenance guy is commenting on the dated outlets that are not 3 prong grounded. You can look that up and followup but many older buildings have them. However it is a guess on my part you need someone right there who can see what he is talking about.

    I think the change in management is shaking things up. Hopefully it will lead to better maintenance but it will definitely lead to higher rent. You can check with tenant rights groups to see if the terms he offers are legal in California but if they are and you can't afford the new rents the story is over and unfortunately your energy may be best spent looking for a new place. If the terms are not legal you need to talk to a lawyer or legal aid group to see what you need to do. Another thing that might help would be ask for the property manager to set up a meeting to explain the changes to a group of tenants. That might help people understand the changes and get an idea of what kind of changes you can expect to see longterm and when. California has a lot of tenant laws so it would be beneficial to run this by someone who understands them well.

    Thank you ....I have file a complaint with all appropriate agencies. While going up on the rent is not my issue. I have a problem when I am harassed to sign documents with no names or company logos or owners name and signatures. I also have a problem with the breaching of contract. Landlords are suppose to provide habitable living units according to California law. Many say " Just Move" as if it is that simple. Maybe for them but it is not for me and I wont let anyone abuse the law concerning myself and those whom I can possibly help. So thank you again for your answer . I appreciate it.

  • Long Beach, CA · Member since 2014 · 6 posts · 0 votes
    12y
    Originally posted by @James Wise:
    Are you paying way less then market rate to live here?

    Because I don't understand why you would want to even stay there if there are dangerous electrical outlets, cockroaches and backed up plumbing.

    I never knew that the electrical outlets were dangerous until he told me a month ago. My unit is a studio unit and it is within the market price. It is not about the landlord going up on the rent. Its about the illegal documents I am asked to sign with no names or company or logo on it. That is what I ask if it is legal

  • Long Beach, CA · Member since 2014 · 6 posts · 0 votes
    12y
    Originally posted by @Andrea M.:
    Doesn't sound legal to me, but you may want to get an attorney involved. Regarding the electrical outlets/infestation and other issues you may want to get the city code compliance involved as well.

    Thank you. It doesn't sound legal to me either. You cannot harass anyone into signing a document which does not have any names on it , no company name or owner name or logo, just blank with no foundation. This is what I ask if it is legal. Many just read the entire post and read into it what they wanted but thanks to a few of you who understood.

  • Tampa, FL · Member since 2009 · 76 posts · 21 votes
    12y

    In Florida you can terminate a month-to-month lease with a 15-day notice to the tenant. I understand that is not much security but if tenant wants more security they should agree upon and sign an annual lease or move.

    I've heard California has some crazy pro-tenant laws and rent controls that force landlords to continue renting to tenants that are paying way below market rates (I've heard as much as 50%). I'm sure one of the free legal aid offices will help you.

  • Long Beach, CA · Member since 2014 · 6 posts · 0 votes
    12y
    Originally posted by @Josh D.:
    In Florida you can terminate a month-to-month lease with a 15-day notice to the tenant. I understand that is not much security but if tenant wants more security they should agree upon and sign an annual lease or move.

    I've heard California has some crazy pro-tenant laws and rent controls that force landlords to continue renting to tenants that are paying way below market rates (I've heard as much as 50%). I'm sure one of the free legal aid offices will help you.

    Yes there are offices here in which I have contacted. I do not have a problem with the landlord increasing his rent as it is his right. My problem is regarding the signing of a document that not either he or his agent cared to sign as well as the fact that in California you can go up on your rent but you must follow laws making the dwelling unit fit to live in. One cannot expect for anyone to sign anything with no foundation just a few words. You want my signature but I do not see yours or your agent or company name....that's left out and you threaten me that I must sign it. It is the principal of it all. Do not fool with ones intelligence.

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