San Jose California Letter from Tenant to Landlord containing Notice to landlord to withdraw improper rent increase due to violation of rent control ordinance

State:
California
City:
San Jose
Control #:
CA-1051LT
Format:
Word; 
Rich Text
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Description

It is a letter from Tenant to Landlord containing a notice to landlord to withdraw improper rent increase due to violation of rent control ordinance. This notice informs Landlord that improper increase of rent may be unlawful.

A San Jose California Letter from Tenant to Landlord containing Notice to the landlord to withdraw an improper rent increase due to a violation of the rent control ordinance is a formal written document that tenants can use to assert their rights and request the withdrawal of an unfair rent increase imposed by their landlord. This letter is specific to the city of San Jose, California, where the rent control ordinance is in place to protect tenants from excessive rent increases. The letter should include relevant keywords and information to ensure its effectiveness. Here is a detailed description of the contents of such a letter: 1. Heading: The letter should begin with the tenant's name, address, and the date. Below that, include the landlord's name and address. 2. Subject: Clearly state the purpose of the letter in a subject line. For example: "Notice to Withdraw Improper Rent Increase Due to Violation of San Jose Rent Control Ordinance." 3. Salutation: Address the landlord respectfully, using their proper title (Mr., Mrs., Ms., Dr., etc.) followed by their last name. 4. Introduction: In the opening paragraph, briefly state your intention to communicate regarding the recent rent increase you received. Mention that you have discovered a violation of the San Jose rent control ordinance and highlight your rights as a tenant under the ordinance. 5. Rent control ordinance violation: In this section, explain the violation committed by the landlord. Mention the specific provision of the rent control ordinance that has been breached, such as exceeding the allowable annual rent increase percentage or implementing the increase without proper notification. 6. Details of the rent increase: Provide specific information about the rent increase, such as the date it was imposed, the new amount, and how it deviates from the allowable limit set by the rent control ordinance. Attach any supporting documents, such as copies of rent receipts or the renewal lease agreement, if available. 7. Consequences of the violation: Explain the implications and consequences for the landlord's violation of the rent control ordinance. Mention potential penalties, legal actions, or complaints that can be filed against the landlord for non-compliance. 8. Request for withdrawal: Declare your objection to the rent increase and formally request the landlord to withdraw the improper increase. Emphasize that you are exercising your rights as a tenant under the San Jose rent control ordinance. 9. Compliance timeframe: Specify a reasonable timeframe within which you expect the landlord to respond and rectify the situation. This could be a specific number of days or a deadline set by the rent control ordinance itself. 10. Closing: Express gratitude for the landlord's attention to the matter and state that you hope for an amicable resolution. Include your contact information, such as phone number and email address, for the landlord's convenience. 11. Enclosures: List any additional documents or evidence attached to support your claims or to provide further context. Different types of San Jose California Letters from Tenant to Landlord containing Notice to withdraw improper rent increase due to violation of rent control ordinance may vary in their language, tone, and the specific violations mentioned. However, the general structure and content described above should be present in all variations to ensure the tenant's rights are effectively communicated to the landlord.

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FAQ

The landlord can voluntarily agree to let you take back the notice, but would typically only do so if they either had not yet rented your rental unit, or could reach an agreement with the incoming tenant to accept an alternative rental unit.

Landlord harassment is illegal in California. California Civil Code Section 1940.2 specifically forbids a landlord to force a tenant out of their home by: Displaying ?forceful, threatening, willful, or menacing conduct? towards you or your guests.

The Tenant Protection Act of 2019 protects a majority of California's renters against outrageous rent increases and unfair evictions. However, not everyone is eligible for these protections. Use our tool to learn about your new rights and determine if you're covered by this new law.

Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.

The State of California Department of Consumer Affairs can help with questions or complaints regarding landlord/tenant relationships, including repair issues, safety violations, and Health and Safety Code violations. For further information, call (800) 952-5210, or visit the website at .

Withdrawing a Section 21 Notice If you serve a Section 21 Notice but then decide that you no longer require possession, we encourage you to write to the tenant confirming that you are withdrawing the notice. Otherwise the tenant may leave and you will then have the cost and hassle of finding a new tenant.

Once you give this notice to your landlord, it's legally binding and you must comply with it. If you change your mind and decide you don't want to vacate after all, your options are limited. You can try to reason with your landlord, but if you can't reach an agreement, you must abide by your own notice to vacate.

A legal notice ends your tenancy and your right to live in your home. Joint tenancies will end for all tenants even if only one of you gives notice. You cannot withdraw a valid notice if you change your mind.

Tenants cannot be evicted for making a complaint against the landlord or for anything discriminatory. Under the Fair Housing Act, it's illegal for landlords to discriminate against a prospective tenant based on sex, race, color, national origin, religion, familial status, or disability.

You cannot withdraw a valid notice if you change your mind. Your landlord may agree to let you or other joint tenants stay on after a notice ends.

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55 pagesMissing: San ‎Jose ‎California The rent control laws, however, do not apply to a rental property that was issued a certificate of occupancy in the last 15 years. (Civ.What is an Ellis Act Eviction? California law allows landlords to remove a residential rental property from the housing market permanently. Tenant must work with landlord to lower contract rent or find another unit.

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San Jose California Letter from Tenant to Landlord containing Notice to landlord to withdraw improper rent increase due to violation of rent control ordinance