Berkeley landlord giving notice for major repairs without compensation?
December 4, 2016 12:05 AM Subscribe
My landlord gave us 60 days verbal notice to carry out major repairs and has not yet mentioned compensation. What do I do next? Snowflakes inside of course.
I've been living in a rent-controlled Berkeley, California unit with one other person for over two years. I was on a one-year lease that ended a few months ago and so it's converted to month-to-month. The other person, who is on a friendly basis with the landlord and is perhaps overly trusting, gave verbal notice a while back. During a meeting I wasn't present for, the landlord just told them that it's convenient that they're moving out, as major repairs that will render the unit (and only our unit) uninhabitable need to be done. I've never given notice verbal or written. The landlord is supposedly about to deliver a 60-day notice. There was no mention of compensation, or of housing me elsewhere (the landlord has other, possibly empty units) or or letting me move back in. My meager understanding is that I would, at a minimum, need to be compensated and allowed to move back in at the same rental rate after repairs are finished.
The other tenant wants me to call the landlord, but I'd rather be informed first. I have legal insurance membership through my employer which I've never used, and I think I very recently edged out of the low-income bracket, so I'm not sure I qualify for the low-income housing assistance around town. Do I proceed directly to lawyer? I'm very concerned that the landlord is acting so casual about this. This isn't a mom-and-pop operation, the landlord has been in the rental industry for at least a decade and owns multiple properties, so it's hard to give the benefit of the doubt here that it's a simple oversight.
I've been living in a rent-controlled Berkeley, California unit with one other person for over two years. I was on a one-year lease that ended a few months ago and so it's converted to month-to-month. The other person, who is on a friendly basis with the landlord and is perhaps overly trusting, gave verbal notice a while back. During a meeting I wasn't present for, the landlord just told them that it's convenient that they're moving out, as major repairs that will render the unit (and only our unit) uninhabitable need to be done. I've never given notice verbal or written. The landlord is supposedly about to deliver a 60-day notice. There was no mention of compensation, or of housing me elsewhere (the landlord has other, possibly empty units) or or letting me move back in. My meager understanding is that I would, at a minimum, need to be compensated and allowed to move back in at the same rental rate after repairs are finished.
The other tenant wants me to call the landlord, but I'd rather be informed first. I have legal insurance membership through my employer which I've never used, and I think I very recently edged out of the low-income bracket, so I'm not sure I qualify for the low-income housing assistance around town. Do I proceed directly to lawyer? I'm very concerned that the landlord is acting so casual about this. This isn't a mom-and-pop operation, the landlord has been in the rental industry for at least a decade and owns multiple properties, so it's hard to give the benefit of the doubt here that it's a simple oversight.
Call the Berkeley Rent Stabilization Board: 510-981-RENT. They will advise you of Berkeley's Relocation Ordinance, which covers your exact situation.
They even mail out postcards and flyers to tenants saying to call them if a landlord asks you to move out for repairs. They are the right place to call.
posted by ryanrs at 2:03 AM on December 4, 2016 [7 favorites]
They even mail out postcards and flyers to tenants saying to call them if a landlord asks you to move out for repairs. They are the right place to call.
posted by ryanrs at 2:03 AM on December 4, 2016 [7 favorites]
What would you lose by first asking the landlord what their plans are first? You don't have to agree to whatever it is they're proposing. By lawyering up first, you could make it a confrontation. Just because people have been in business a while doesn't make them great communicators.
posted by randomkeystrike at 4:56 AM on December 4, 2016 [2 favorites]
posted by randomkeystrike at 4:56 AM on December 4, 2016 [2 favorites]
Was your roommate so casual and informal that that the landlord thinks you're both moving out? Because that's the simplest explanation - the roommate didn't explicitly say you're staying, and that the notice was only for them. The landlord assumes the roommate was speaking for the household at large.
Have the roommate send an email now. Just to clarify, the other day I mentioned my intention to move out. anonymous intends to stay as a month-to-month tenant. Can you tell us more about the planned maintenance and how this will affect anonymous?
posted by ctmf at 8:53 AM on December 4, 2016 [2 favorites]
Have the roommate send an email now. Just to clarify, the other day I mentioned my intention to move out. anonymous intends to stay as a month-to-month tenant. Can you tell us more about the planned maintenance and how this will affect anonymous?
posted by ctmf at 8:53 AM on December 4, 2016 [2 favorites]
Also contact the Berkeley Tenants Union. They have lots of knowledge and resources. They're also well represented on the rent board.
posted by kendrak at 9:18 AM on December 4, 2016 [1 favorite]
posted by kendrak at 9:18 AM on December 4, 2016 [1 favorite]
Here. It is very specific about what notice is required, how the tenant can contest the relocation, what you need to do to officially request compensation, and so on. Even if the landlord speaks directly to everyone in the household and gives them detailed information, that doesn't count as legal notice of repairs and relocation. Also, you can't just tell the landlord that you want to be compensated; you have to follow the requirements of the ordinance.
Talking with someone at the Tenants' Union can help give you confidence to advocate for yourself. When a landlord is asking you to "be reasonable" and vacate without due process, it may not be easy to insist that they delay their entire timeline just to honor your legal rights.
The form that landlords must provide in order to notify tenants is here.
posted by wryly at 11:57 AM on December 4, 2016
Talking with someone at the Tenants' Union can help give you confidence to advocate for yourself. When a landlord is asking you to "be reasonable" and vacate without due process, it may not be easy to insist that they delay their entire timeline just to honor your legal rights.
The form that landlords must provide in order to notify tenants is here.
posted by wryly at 11:57 AM on December 4, 2016
I meant to say, the Berkeley Relocation ordinance is here.
posted by wryly at 12:06 PM on December 4, 2016
posted by wryly at 12:06 PM on December 4, 2016
This thread is closed to new comments.
posted by koahiatamadl at 1:23 AM on December 4, 2016