Unjust Rent Increase Concerns

Summary

In California, rent increases must be communicated in writing, not via text. Landlords can only increase rent once every 12 months and must provide receipts for cash payments. If a written lease agreement existed, it generally remains in effect even after the landlords death. Consult a legal professional for advice on recovering overpaid rent and addressing other tenant rights violations.

Full Conversation

My sister built a back house for me and my husband to move into and told us after talking to her lawyer our rent would be $*,* every month. We never had a rental agreement but we paid our rent and 5 months after moving in she died from Covid. Her daughter started to collect the rent and only wanted cash. 3 months after her mom passed she raised our rent to $* for my husband and $* for me a total of $*,* and only wanted cash. 6 months later she now told us in a text message our rent would be raised to $*,* starting in 90 days. We still have no rental agreement and pay her cash because she won’t accept money order or checks. My sisters lawyer knows my sisters wishes that we would never be kicked out. And that the rent would be $*,* but her daughter said she don’t care and won’t give us the lawyers name or number. We live in Long Beach Ca. My sister rented out a room in front house with her and when she passed the tenant stayed and got her rent raised as well. My sisters daughter doesn’t reside at the property but parks her boyfriend’s cars in driveway so that We are not allowed to park in driveway. We are also not allowed to have anything of ours in backyard. Not even a storage shed because we have no garage. Is this legal? Can she do this? If my sister had it in writing or verbal wishes with her lawyer about price of rent and we can’t be kicked out. Does these wishes still play in effect even if the original owner died and left property to daughter?
Did your sister leave a will or any written document stating her wishes regarding the property and your tenancy?
she told us yes but we don’t know how to know for sure because she died suddenly from Covid but did discuss it with lawyer
Do you have any written communication or witnesses that can confirm your sister's wishes about your tenancy and the rent?

In California:
- Rent increases must be reasonable and justifiable.
- Tenants have rights to quiet enjoyment of the property.
she told my other sister and she told my daughter. Along with myself and her lawyer.
What is the name of your sister's lawyer? In California, rent can only be increased once in 12 months. You have rights to quiet enjoyment of the property.
i don’t know because the daughter won’t tell us and the mail goes to her house now
Have you tried reaching out to the California State Bar Association to find your sister's lawyer? They might be able to help.
no how do we do that? Do we need anything to prove who we are?
You can contact the California State Bar Association at (*) *-*. They may be able to help you find your sister's lawyer. You'll likely need to provide your sister's full name.
if the lawyer says it is in writing, would this legal binding still be in effect even if the owner died and left property to her daughter
If the agreement was legally documented, it generally remains in effect after the owner's death. However, specifics may vary. It's advisable to consult with a legal professional.
would the daughter need to pay us back for all the extra money She’s taken from us
If you can prove that the rent increase was unjustified, you may be able to recover the overpaid rent. However, you should consult with a legal professional for advice.
what’s considered unjustifiable?
In California, an unjustifiable rent increase could be one that is discriminatory, retaliatory, or exceeds the legal limit. It's best to consult with a legal professional for specifics.
Is a $* increase after moving in 6 months illegal in California
In California, landlords can increase rent only once in 12 months. A $* increase after 6 months could be considered illegal, especially without a proper written notice.
what about if she sent a text message stating the increase
In California, a text message may not be considered a proper form of notice for a rent increase. It's generally required to be in writing and delivered in person or via mail.
is it illegal to only accept cash and refuse to give a rental receipt when asked?
In California, landlords are required to provide a receipt for rent paid in cash. Refusing to provide a receipt could be considered illegal.
is it illegal to not let us park inside the residence because the owners dont want us to
Do you have a written agreement about the use of parking space at the residence?

In California:
- Tenants have rights to quiet enjoyment of the property, which includes parking if it was part of the original agreement.
no because the driveway had my sisters vehicles and was no room and now the daughter moved them out to sell and uses it for her storage even though she don’t reside on property
In California, if parking was initially available and later restricted without a valid reason, it could be a violation of your rights. Consult with a legal professional for advice.
if we go to court and hire lawyer would my sisters daughter be reliable for my lawyer fees if asked in our judgment
In California, attorney's fees can be awarded to the prevailing party if it's specified in a lease or rental agreement, or under certain statutes. Consult with a legal professional for specifics.
if there’s no rental agreement but my lawyer requested in our court case and we win would my sisters daughte haveto refund our money we paid extra for rent and our lawyer fees
In California, if you win a lawsuit for an unjustified rent increase, you may be able to recover overpaid rent. However, recovery of attorney's fees is less certain without a lease agreement specifying such. Consult a legal professional.
if no rental agreement is in place my lawyer fees could be my responsibility even if I win?
Yes, in California, without a lease agreement specifying otherwise, you may be responsible for your own attorney's fees even if you win the case.
im a senior citizen could you help me find a low income lawyer for my situation near Long Beach ca
Sure, you can contact the Legal Aid Foundation of Los Angeles. They provide free legal services to low-income individuals. Their Long Beach office is at * Pacific Ave, Long Beach, CA *. Phone: (*) *-*.
they only help fill out documents they don’t help with advice or service to go to court on your behalf
You may want to consider reaching out to the Los Angeles County Bar Association's Lawyer Referral Service at (*) *-*. They can help connect you with a lawyer suitable for your case.
thank you ????
You're welcome, ****! If you have any more questions or need further assistance, feel free to ask. Good luck with your case!
Upon checking my records I got a text message on dec * * about increase of $* starting Feb * when I paid $*,* in Feb she said I’m missing $* and I told her she said $* she said no $* per person so for me and my husband it’s $*,* is this legel
Did you receive a written notice about this rent increase at least 30 days before it was implemented?

In California:
- Landlords must provide at least 30 days' notice for rent increases under *%.
- For increases over *%, a 60 days' notice is required.
Only a text message to pay $* increase and then when I paid $* another Text message saying cash only and $* per person
Did your landlord provide a written notice about the increase per person? In California, rent increases should be communicated in writing, not via text message.
no
In California, rent increase notices should be in writing. If you didn't receive one, it might be considered invalid. Consider contacting a local tenant rights organization for further assistance.
can a husband and wife be charged per person as a rent increase
In California, landlords can't charge rent per person. Rent is typically charged per unit, not per occupant.
if my rent went up $* in February * can it be increased )
In California, landlords can increase rent once every 12 months. Did your landlord increase the rent more than once within the *-month period?
Feb * increase of $* and January * increase of $*
Did you receive a written notice 60 days prior to the January * increase? In California, a 60 days' notice is required for rent increases over *%.
no only in a text message
In California, a text message is not considered a valid form of notice for rent increases. It should be in writing and delivered personally or via mail.
she won’t accept anything but cash , how can I prove I paid
Have you been keeping receipts or any other form of documentation for your cash payments?

Explanation: In California, it's crucial to keep a record of all rent payments. If you pay in cash, ask for a receipt.
she refuses to give me a rent receipt
In California, landlords are legally required to provide a receipt for rent paid in cash. Have you tried requesting a receipt in writing?
Verbally, and through text messages
In California, it's recommended to request rent receipts in writing. If refused, consider seeking legal advice.
Can I pay money order even if she refused to take it and I leave it in her mailbox
In California, you can pay rent with a money order. However, leaving it in the mailbox might not be a good idea if she refuses to accept it.
can I mail her a money order ?
In California, you can mail a money order for rent payment. However, it's recommended to send it via certified mail with return receipt requested for proof of delivery.
If she only wants cash and refuses a rent receipt can I leave money order in her drop box
In California, you can leave a money order in her drop box. However, it's advisable to have proof of delivery, like a receipt or a witness.
Should I pay the increase in Jan * and then consult a lawyer or should I consult a now
It's advisable to consult a lawyer now to understand your rights and options before paying the increase. In California, rent increases should be communicated in writing and landlords must provide receipts for cash payments.
If my sister stated that our rent was $*,* and she died of Covid and her daughter raised rent and we paid does this cancel the agreement with my sister for the $* rent
Did your sister leave a written lease agreement stating the rent amount? In California, a lease agreement generally continues even after the landlord's death.
she spoke with her lawyer but I don’t know if they wrote it in writing because she died unexpectedly
Do you have any contact details or the name of your sister's lawyer? It might be helpful to reach out to them for any existing written agreements.
none and the daughter won’t provide it to us
In California, you can contact the State Bar Association to find a lawyer's contact details. Have you tried reaching out to them?
no not yet I’m * yrs old and don’t understand can my daughter call
Yes, your daughter can certainly call on your behalf. The California State Bar Association's number is *-*-*-*. They can help find your sister's lawyer's contact details.
I’m going to call now thank you