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Re: DIrty Tenant - Landlord Forum thread 132150

Re: DIrty Tenant by Terry on October 23, 2006 @03:42

                              
(5) Major Rehabilitation to the unit, building, or common areas similarly may have resulted in permitted temporary rent increases to reimburse the landlord for the construction expenses, which were instead illegally kept on as permanent increases. The Rehabilitation work cost was divided into 60 monthly payments, and then the payment increases were to stop. [Reg. 252.01]. If the tenant vacated and the unit was re-rented at market rates after that rehabilitation work, no increase is thereafter permitted on that unit. [Reg 252.04]

What can you do?
You can file a complaint with the Rent Board for a rent reduction as well as sue the landlord to recover triple the amount of these illegal surcharges, including the associated rent increase portion [LAMC 151.10], in addition to having your current rent reduced. If you are being evicted for nonpayment of rent, here is yet another defense you may have. If you have one or more of these situations, you probably should discuss it with a lawyer, as well.

How am I protected from Evictions?
Under the Los Angeles rent control law you cannot be evicted except for one of 12 listed reasons. Unlike cities without rent control where tenants can be evicted for nearly any reason or no reason at all, in Los Angeles, the landlord must identify the reasons, circumstances, and witnesses for such reasons in the eviction notice, and then prove the reason for the eviction in court, under special procedures. Reasons fall into two categories: (1) where the tenant did something wrong, and (2) where the tenant is not at fault.

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