FAQ #8: Can my landlord raise my rent if I ask him/her to make repairs in my unit?
The landlord cannot raise your rent because you have complained about problems in your unit such as broken plumbing or heating. You must be able to prove that the landlord raised your rent in retaliation for your complaint if you choose not to pay the increase. This may be difficult to prove without placing your tenancy at risk. You will want to consult an attorney prior to withholding rent.
If the landlord has not responded to your request for repairs, you may have several strategies available to you. Withholding rent may put you at risk of eviction. Again, consult an attorney to best advise you of your options.
To help determine if the condition of your unit is safe and meets all applicable codes, you may contact your city's Code Enforcement Division, Fire Prevention Bureau, or the San Mateo County Office of Environmental Health. Depending on your type of residence and where in the County you live, different agencies will have jurisdiction.
Regardless of the circumstances, your rent cannot be raised while you are renting under the terms of a lease unless it is written into the lease agreement.
Need more help?
San Mateo County Environmental Health's Housing Program inspects and monitors over 5,000 apartments, motels, hotels, mobile home parks, and labor camps and institutions to ensure safe housing conditions. If you have a complaint about habitability (leaking roofs, mold, mildew, plumbing, poor heating, electrical problems, or vermin) you can register your complaint by calling 650-599-1112, or by filling in the Online Complaint Form.
Department of Consumer Affairs: California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities www.dca.ca.gov/publications/landlordbook or Download the guide (PDF)
Legal Aid Society of San Mateo County's PDF guides: Habitability
Landlord and Tenant Information and Referral Collaborative Landlord and Tenant Rights, Responsibilities, and Resources, in San Mateo County (PDF)
Legal Aid Society of San Mateo County, www.legalaidsmc.org
800-381-8898La Raza Centro Legal, South San Francisco only , www.lrcl.org
866-4-LARAZA (toll free)Bay Area Legal Aid, San Mateo County Regional Office, www.baylegal.org
650-358-0745Stanford Community Law Clinic, www.law.stanford.edu/clinics/sclc
650-475-0560Community Legal Services in East Palo Alto, www.clsepa.org
650-326-6440
THESE ORGANIZATIONS PROVIDE SERVICES TO TENANTS AND LANDLORDS:
Northern California Senior Legal Hotline, www.seniorlegalhotline.org
800-222-1753Lawyer Referral Service, San Mateo County Bar Association - For a nominal fee, the staff arranges an appointment with an attorney, www.smcba.org/community/lrs.htm
650-369-4149Peninsula Conflict Resolution Center, www.pcrcweb.org
650-513-0330East Palo Alto Rent Stabilization Program - For residents of East Palo Alto
2200 University Avenue, East Palo Alto, CA 94303
650-853-3114