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April 16, 2016 at 2:01 PM #796756April 16, 2016 at 2:03 PM #796755
CoronitaParticipant[quote=PCinSD][quote=HLS][quote=PCinSD]No idea what part of town you’re in. But if you rent in the city of San Diego your landlord can’t simply terminate your lease. They must have very specific reasons like failing to pay rent, breaching terms of agreement, doing something illegal, etc.[/quote]
???
A landlord can’t terminate a lease outside the city either, it’s not limited to ‘the city of San Diego’In this case the OP doesn’t have a lease.
A month to month agreement can be terminated with 60 days notice without any reason.Is there something special going on in San Diego ?[/quote]
Yes. San Diego Municipal Code.
It’s unlikely that a landlord will simply terminate a lease for the sake of terminating a lease. BUT there is nothing stopping the landlord for want to charge more for the rental when the lease is up for renewal, especially in this market. And if the tenant opted out of renewing a lease, it reverts to month-month anyway. And then the landlord just needs to give sufficient time to raise rent prices:).
The rules are 30 days notice for rent increases 10% or less and 60 days notice for rent increases more than 10%.
http://www.dca.ca.gov/publications/legal_guides/lt-2.shtml
This is where it becomes a balancing act as a tenant. If your landlord is charging a below market rent price, there’s probably a reason for that: he/she/they doesn’t want to be hassled for every little thing that goes wrong, or everything that makes your property slightly less than say a higher end rental. While a smart landlord would want to know about things that are pretty serious (IE water leaks, etc), they probably don’t want a habitual complainer about every little thing that goes wrong, and that’s probably why there’s a PM in the middle even if that PM is overreacting to everything. (Again, I’m not suggesting the OP was a PITA…)
But there’s probably some correlation to what a landlord’s perceived PITA factor of an existing tenant is to what he/she/they wants to do with the next term’s rent price.This happened to one of coworkers just a few weeks ago. The tenant made a fuss to him about an old dishwasher that was functionally fine, but was just old and looked worn out and was louder than the ones these days. The person pays $300/month less than average rent prices and was on a month to month lease. And he kept complaining about the dishwasher being too loud, and sending email, leaving messages on the phone. My coworker finally got fed up with it and replaced the dishwasher….And then gave him 30 days notice of a $150/month rent price increase, since the tenant was month to month.
So I guess, in a tight rental market, pick your battles wisely.
April 16, 2016 at 2:03 PM #796757PCinSD
Guest[quote=flu][quote=PCinSD][quote=HLS][quote=PCinSD]No idea what part of town you’re in. But if you rent in the city of San Diego your landlord can’t simply terminate your lease. They must have very specific reasons like failing to pay rent, breaching terms of agreement, doing something illegal, etc.[/quote]
???
A landlord can’t terminate a lease outside the city either, it’s not limited to ‘the city of San Diego’In this case the OP doesn’t have a lease.
A month to month agreement can be terminated with 60 days notice without any reason.Is there something special going on in San Diego ?[/quote]
Yes. San Diego Municipal Code.
It’s unlikely that a landlord will simply terminate a lease for the sake of terminating a lease. BUT there is nothing stopping the landlord for want to charge more for the rental, especially in this market. If a tenant is on a month to month lease or requests to renew a lease, there’s nothing saying the landlord cannot increase the rent price (bringing it up to market price or more if he/she/they wanted to).
The rules are 30 days notice for rent increases 10% or less and 60 days notice for rent increases more than 10%.
http://www.dca.ca.gov/publications/legal_guides/lt-2.shtml
This is where it becomes a balancing act as a tenant. If your landlord is charging a below market rent price, there’s probably a reason for that: he/she/they doesn’t want to be hassled for every little thing that goes wrong, or everything that makes your property slightly less than say a higher end rental. While a smart landlord would want to know about things that are pretty serious (IE water leaks, etc), they probably don’t want a habitual complainer about every little thing that goes wrong, and that’s probably why there’s a PM in the middle even if that PM is overreacting to everything. (Again, I’m not suggesting the OP was a PITA…)
But there’s probably some correlation to what a landlord’s perceived PITA factor of an existing tenant is to what he/she/they wants to do with the next term’s rent price.This happened to one of coworkers just a few weeks ago. The tenant made a fuss to him about an old dishwasher that was functionally fine, but was just old and looked worn out and was louder than the ones these days. The person pays $300/month less than average rent prices and was on a month to month lease. And he kept complaining about the dishwasher being too loud, and sending email, leaving messages on the phone. My coworker finally got fed up with it and replaced the dishwasher….And then gave him 30 days notice of a $150/month rent price increase, since the tenant was month to month.
So I guess, in a tight rental market, pick your battles wisely. If the tables were reversed, and we had a huge supply of rentals, the opposite would be the case in which a lot of tenants would end up being a pain in the ass and be demanding every concession as well, probably. It’s just how the markets work.[/quote]
I’m aware of a landlords ability to increase rent. I was responding to HLS’s question about a specific law in San Diego, which he was unaware of.
April 16, 2016 at 2:07 PM #796758CoronitaParticipant[quote=PCinSD][quote=flu][quote=PCinSD][quote=HLS][quote=PCinSD]No idea what part of town you’re in. But if you rent in the city of San Diego your landlord can’t simply terminate your lease. They must have very specific reasons like failing to pay rent, breaching terms of agreement, doing something illegal, etc.[/quote]
???
A landlord can’t terminate a lease outside the city either, it’s not limited to ‘the city of San Diego’In this case the OP doesn’t have a lease.
A month to month agreement can be terminated with 60 days notice without any reason.Is there something special going on in San Diego ?[/quote]
Yes. San Diego Municipal Code.
It’s unlikely that a landlord will simply terminate a lease for the sake of terminating a lease. BUT there is nothing stopping the landlord for want to charge more for the rental, especially in this market. If a tenant is on a month to month lease or requests to renew a lease, there’s nothing saying the landlord cannot increase the rent price (bringing it up to market price or more if he/she/they wanted to).
The rules are 30 days notice for rent increases 10% or less and 60 days notice for rent increases more than 10%.
http://www.dca.ca.gov/publications/legal_guides/lt-2.shtml
This is where it becomes a balancing act as a tenant. If your landlord is charging a below market rent price, there’s probably a reason for that: he/she/they doesn’t want to be hassled for every little thing that goes wrong, or everything that makes your property slightly less than say a higher end rental. While a smart landlord would want to know about things that are pretty serious (IE water leaks, etc), they probably don’t want a habitual complainer about every little thing that goes wrong, and that’s probably why there’s a PM in the middle even if that PM is overreacting to everything. (Again, I’m not suggesting the OP was a PITA…)
But there’s probably some correlation to what a landlord’s perceived PITA factor of an existing tenant is to what he/she/they wants to do with the next term’s rent price.This happened to one of coworkers just a few weeks ago. The tenant made a fuss to him about an old dishwasher that was functionally fine, but was just old and looked worn out and was louder than the ones these days. The person pays $300/month less than average rent prices and was on a month to month lease. And he kept complaining about the dishwasher being too loud, and sending email, leaving messages on the phone. My coworker finally got fed up with it and replaced the dishwasher….And then gave him 30 days notice of a $150/month rent price increase, since the tenant was month to month.
So I guess, in a tight rental market, pick your battles wisely. If the tables were reversed, and we had a huge supply of rentals, the opposite would be the case in which a lot of tenants would end up being a pain in the ass and be demanding every concession as well, probably. It’s just how the markets work.[/quote]
I’m aware of a landlords ability to increase rent. I was responding to HLS’s question about a specific law in San Diego, which he was unaware of.[/quote]
Regardless, the OP is on month-month and isn’t on a lease. He probably opted out of renewing it, so it doesn’t seem like the landlord needs to extend a new lease anyway…
98.0730e maybe?
April 16, 2016 at 2:37 PM #796761Guest[quote=HLS]I’m not an attorney and I’m not going to attempt to figure out what a ‘valid reason’ is..
It’s cloudy… section 98.0730(e)
Does it apply if there’s no signed,valid lease agreement ??in this case the OP **DOES NOT** have a lease.
there are reasons why leases exist and a MONTH TO MONTH RENTAL AGREEMENT **IS NOT A LEASE**
Leases that expire revert to month to month agreements.[/quote]
I am, not that it takes a law degree to interpret this Code.
“A residential tenancy of more than two years shall not be terminated, nor shall it’s renewal be refused . . .”
OP has a month to month tenancy. It is renewed every month when he pays rent. Not sure how you’re confusing it with a lease for a specified duration. The Code says nothing about that.
April 16, 2016 at 2:59 PM #796762HLS
ParticipantInteresting.
So in City of SD, once you have been a tenant for 2 years,
landlord needs a ‘valid reason’ to not renew, correct ?However,
With a month to month they can raise the rent with 60 days notice,,
with a lease they can raise the rent at end of term.If a landlord wants to get rid of a tenant, is there a limit as to how high they can raise the rent ?
Is a ‘valid reason’ required to raise the rent ?
April 16, 2016 at 3:12 PM #796764Guest[quote=HLS]Interesting.
So in City of SD, once you have been a tenant for 2 years,
landlord needs a ‘valid reason’ to not renew, correct ?However,
With a month to month they can raise the rent with 60 days notice,,
with a lease they can raise the rent at end of term.If a landlord wants to get rid of a tenant, is there a limit as to how high they can raise the rent ?
Is a ‘valid reason’ required to raise the rent ?[/quote]
Correct. The reasons to terminate are detailed in the Code. Flu provided the link regarding raising rent in CA. There is no rent control in San Diego.
April 16, 2016 at 3:34 PM #796766GuestBut if the OP exercised a legit repair and deduct remedy or filed a complaint with some housing authority, and the landlord responds with a rent increase, it may well be considered retaliatory and prohibited.
April 16, 2016 at 3:47 PM #796769Anonymous
Guest[quote=FlyerInHi]Deadzone, remember that the property manager is the professional, you are not.
So you are allowed to behave in an unprofessional manner, if you wish. I don’t know why I never had problems with men, but women in real estate is something else.That woman deserves to be told to her face that she’s a bitch. My theory is that a lot of women are coddled by their husbands and family who enable them. I once told the owner of an RE company that she’s a bitch. And I told her husband too. We have to coordinate things and we are on better terms now. Don’t enable people to intimidate you.[/quote]
Yes, this lady is the stereotypical old lady real estate bitch. Your are correct, this type of behavior in my experience is limited to the female population for whatever reason. The only decision I am still debating in my head is if I want to drop the hammer on this C#$t (ccing the owner) or take the high road (for now) and pretend this behavior didn’t happen. I’m fairly certain her attitude doesn’t represent the owner. If it does, then I will have to consider moving.
April 16, 2016 at 3:53 PM #796770GuestJust an FYI on how inept my property manager (and owner) are, of the current maintenance “to do” list, the recently completed tile work and the as yet to be completed fix to one of drywall leaks were originally reported about 4 years ago. The other open issue, which restarted the discussion of the old issues, was ceiling damage caused from the heavy rains this January.
So I fully understand the concept of a PITA tenant, but no reasonable landlord could categorize my “complaints” as a PITA tenant. In fact the only issues I’ve ever complained about are water damage in the house and broken appliances.
April 16, 2016 at 5:25 PM #796771CoronitaParticipant[quote=deadzone]Just an FYI on how inept my property manager (and owner) are, of the current maintenance “to do” list, the recently completed tile work and the as yet to be completed fix to one of drywall leaks were originally reported about 4 years ago. The other open issue, which restarted the discussion of the old issues, was ceiling damage caused from the heavy rains this January.
So I fully understand the concept of a PITA tenant, but no reasonable landlord could categorize my “complaints” as a PITA tenant. In fact the only issues I’ve ever complained about are water damage in the house and broken appliances.[/quote]
FWIW:
I thought that might be the case. In that case, the PM is incompetent and your landlord is a moron for not taking care of water leaks imho (assuming they know there is a leak).
Water leak leading to mold is not a good thing, obviously. Perhaps you might get a small mold test kit and if it shows up, positive, it’s an entirely different ball game.. It sucks that things have to get to this extreme before a landlord/PM actually takes things more seriously.
April 16, 2016 at 11:29 PM #796785gzz
ParticipantAs someone else said, you should be careful and consider what your rent is versus the market. You moved in 2009 it sounds like, in the middle of a very bad economy. Rents are up like 30-40% since then. If you are paying $2100/mo for a house that rents for $2600 a month elswhere, that 500 a month savings is $6000 a year. Maybe you should keep the good deal going by spending some of that savings and making the repairs yourself.
If you don’t like the PM and want to cut her out, sounds like the best way to do that is show the landlord you can deal with repair issues yourself.
April 17, 2016 at 5:53 PM #796801joec
Participant[quote=gzz]As someone else said, you should be careful and consider what your rent is versus the market. You moved in 2009 it sounds like, in the middle of a very bad economy. Rents are up like 30-40% since then. If you are paying $2100/mo for a house that rents for $2600 a month elswhere, that 500 a month savings is $6000 a year. Maybe you should keep the good deal going by spending some of that savings and making the repairs yourself.
If you don’t like the PM and want to cut her out, sounds like the best way to do that is show the landlord you can deal with repair issues yourself.[/quote]
I agree…Rent in my hood is up like 500-700/month since the low so fixing a few things, upgrade a few others and charge market rent should be easy in this market.
Best thing with owning is you don’t care that much what rents are and how housing prices are generally if you only have a primary.
April 17, 2016 at 8:28 PM #796804CoronitaParticipantThe next downturn, buy a house. So you don’t need to deal with this again.
April 17, 2016 at 9:22 PM #796806Guest[quote=flu]The next downturn, buy a house. So you don’t need to deal with this again.[/quote]
True, but homeownership brings its own set of problems too.
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