ZigaForm version 5.5.1

Instructions

This form will help you create a letter to send to your landlord. Enter as much information as you can, if there are answers you don’t know, leave them blank and fill them in later after you print it out. After you fill out the information and click ‘Submit’, you’ll be able to print the letter, save it, or send it to yourself via email. 

The information you provide here will NOT be saved in any database. We do this to protect your identity, privacy, and safety.

Check only ONE reason for writing this letter. If you have more than one reason, create one letter for each.

 


Review your letter

{todays_date}

{landlord_name}

{landlord_address}

Re: Rent increase at {tenant_address}

Dear {landlord_name}

I have been a tenant at {tenant_address} since {move_in_date}.

I am writing this letter to respond to the notice you sent to me via {type_notice}  on {date_unwritten_notice} regarding the rent increase.

You have provided me with an invalid notice of the changes in my tenancy. Since I’m protected under California law, and as I have received no proper rent increase notice, I will continue to pay {original_rent_amount} in rent.

I am writing this letter to respond to the rent increase notice you sent me on {notice_received_date}. You have not provided me with sufficient written notice of changes in my tenancy required by California law. Since I have received no proper rent increase notice, I will continue to pay {current_rent_amount} in rent.

I am writing this letter in response to the rent increase notice you sent me. 

Be advised that California Civil Code Section 1942.5 prohibits you from retaliating against me for having exercised my legal rights to a habitable unit, which includes requesting repairs, calling Codes and Compliance, calling Vector Control, filing a rent board petition, filing a small claims suit against you, and filing a civil suit against you. I believe this rent increase notice is retaliation against me for:

Requesting repairs

Calling vector control

Filing a rent board petition

{other_retaliation_details}

Because you have provided me with an invalid notice and I am protected under California law, I will continue to pay {current_rent_amount} in rent.

I am writing this letter to respond to the notice you sent to me regarding the rent increase.

Please be advised that my tenancy is covered under the California Tenant Protection Act.  The amount you are trying to raise my rent is above and beyond this year’s allowed increase and any banked increases you might hold. As I have received a rent increase which is greater than the legally allowed amount, my rent will remain {current_rent_amount} per month, as permissible by law. Hence, I will continue to pay {current_rent_amount} in rent as per my rental agreement instead of the {new_rent_amount} you asked for starting {new_rent_amount_start_date}. I urge you to rescind this notice. If not, I will contact housing organizations for further assistance with this matter.

I am writing this letter to respond to the notice you sent to me regarding the rent increase.  Please be advised that my tenancy is covered under the California Tenant Protection Act. This means that you cannot raise my rent more than 2 times in a year. As I have received an illegal increase, I will continue to pay {current_rent_amount} in rent as per my rental agreement instead of the {new_rent_amount} you illegally asked for starting {new_rent_amount_start_date}. I urge you to rescind this notice. If not, I will contact housing organizations or legal counsel for further assistance with this matter.

I am writing this letter in response to the rent increase notice you sent me. Please be advised that my tenancy is covered under the California Tenant Protection Act and that the rent increase notice you have sent me is invalid. Because of this, I will continue to pay {current_rent_amount}  in rent as per my rental agreement instead of the {new_rent_amount} you illegally asked for starting {new_rent_amount_start_date}. I urge you to rescind this notice.

Moreover, under California law, you are required to ensure that my unit is in habitable condition, which means conducting timely repairs and following through with maintenance. The following are habitability issues in my unit that need immediate attention.

{repair_repeater}

It is your responsibility under the California Civil Code Section 1941.1 (“Warranty of  Habitability”) to take care of the above-mentioned repairs. Please respond to this letter in writing within five (5) days to let me know when and how you plan to complete these repairs.  

Also, please be advised that California Civil Code Section 1942.5 prohibits you from retaliating against me for having exercised my legal right to request repairs.

I am writing this letter to respond to the notice you sent  me on {notice_received_date} regarding the rent increase.

Please be advised that my tenancy is covered under the Oakland Rent Adjustment Ordinance. This means that you may only raise my rent once per year. Because I’ve already received a rent increase this year, I will not pay the rent increase of {new_rent_amount}. Instead, I will continue to pay {current_rent_amount} in rent as per my rental agreement . I urge you to rescind this notice immediately. If I don’t receive the rescinded notice within 5 days I will be forced to file a Rent Adjustment Program petition.

I am writing this letter to respond to the notice you sent to me regarding the rent increase.  Please be advised that my tenancy is covered under the Oakland Rent Adjustment Program Ordinance. The amount you are trying to raise my rent is above and beyond this year’s allowed increase and any banked increases you might hold. Please note, the allowed annual rent increase amount is determined each year by the Oakland Rent Adjustment Program. As I have received a rent increase greater than the legally allowed amount, I will continue to pay {current_rent_amount} in rent as per my rental agreement instead of the {new_rent_amount} you asked for starting {new_rent_amount_start_date}. I urge you to rescind this notice. If not, I will contact the Rent Adjustment Program to file a petition on this matter.

{reason_description}

Lastly, please be advised that California law prohibits retaliation against me for exercising my rights under the law.

Thank you for your attention to these matters.

{tenant_name}

Was this helpful?

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Repairs Needed
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Most units in Oakland are covered by Just Cause. However, if you live in any of the following, then you ARE NOT covered by Oakland Just Cause.

  • A unit built after December 31st 1995 (If you're not sure, call the County Assessors and they can tell you very quickly) OR
  • You live in the same unit as your landlord, and you regularly share a kitchen or bathroom with the landlord, OR
  • A hospital, skilled nursing facility or healthcare facility OR
  • A nonprofit facility where the primary purpose is short-term treatment for drugs or alcohol, and you were told that the facility was temporary/transient when you moved in, OR
  • A nonprofit facility with a structured living environment where the primary purpose is to assist homeless folks in building skills for independent living, where occupancy is limited to a specific/limited time not greater than 24 months, and you were told that the facility was temporary/transient at the beginning

Effective May 1, 2018, the Oakland Tenant Move-out Ordinance (TMOO, O.M.C . 8.22.700 et seq.) states that landlords must do the following if they wish to offer a tenant compensation to vacate their rental unit:

1) The owner must file a Pre-Move Out Disclosure Certification Form with the Rent Adjustment Program prior to entering into Move Out Negotiations.
2) The owner must give a Disclosure Notice to the tenant prior to entering into Move Out Negotiations. The owner must also file the executed Move Out Agreement with the Rent Adjustment Program within 45 days of the tenant and landlord signing the Move Out Agreement.

Tenants also have these rights under the Move-out Ordinance:
1) The right to not accept - A tenant is not required to enter into a Move Out Agreement or engage in Move Out Negotiations, and:
-The landlord may not retaliate against a tenant for not accepting the offer. 
-Offering payments to a tenant to vacate more than once in six (6) months after the tenant has notified the owner in writing that the tenant refuses to enter into a Move Out Agreement or engage in Move Out Negotiations constitutes harassment under the Tenant Protection Ordinance.

2) The right to consult an attorney before entering into a Move Out Agreement or engaging in Move Out Negotiations.
3) The right to rescind - A tenant may cancel the Move Out Agreement at any time during the twenty-five (25) days after the agreement has been signed by both the landlord and tenant, unless the parties agree in writing to a shorter period of no less than fifteen (15) days . During this time, the tenant may cancel the Agreement as long as the tenant has not moved out, and the decision to cancel is agreed upon by tenants who are part of the Move Out Agreement.
4) Extended right to rescind within six months if the Move Out Agreement does not meet the specifications required under the Ordinance.
5) Relocation amounts for 2020-2021: Move out agreements must be for greater than the amount of the relocation payments to which the tenant may be entitled under Oakland, state, or federal law. The Uniform Relocation Ordinance requires owners provide tenants displaced by code compliance activities, owner or relative move-ins, the Ellis Act, and condominium conversions with relocation payments. The payment amount depends on the size of the unit and adjusts for inflation annually on July 1st. The base payment amounts until June 30, 2021 are:

$ 7,308.37 per studio/one bedroom unit
$8,994.92 per two bedroom unit
$11,103.10 per three or more bedroom unit

Tenant households in rental units that include lower income, elderly or disabled tenants, and/or minor children are entitled to a single additional relocation payment of two thousand five hundred dollars ($2,500) per unit from the owner.
6) Right to return: Tenants have an option or right to return to their Rental Unit after certain no-fault evictions, such as code compliance evictions after the repairs are completed or Ellis evictions if the units are re-rented. Waiver of these rights, if applicable, may make a Move Out Agreement more valuable.
7) Market rents may be much higher in your area and you may want to check rents for similar rental units before entering into a Move Out Agreement, particularly a Move Out Agreement that removes any options or rights to return to the rental unit that may exist for you.
8) Payments from a Move Out Agreement may be taxable. You should consult taxing authorities or a tax professional for more information or advice on taxability.
9) Public records: Move Out Agreements and documents related to Move Out Agreements that are submitted to the City may be public. The City may redact personal information to the extent possible. Parties of a Move Out Agreement should be notified that information may become public disclosure.

You are covered by Oakland Rent Control UNLESS you live in one of the following:

  1. Housing where your rent is subsidized and/or regulated by the government, including:
    1. A building managed by Oakland Housing Authority (OHA) or the Department of Housing and Urban Development (HUD),
    2. A unit where your rent is subsidized by Section 8 or another government entity (even if the property is privately owned)
  2. A hotel, motel, inn, or boarding houses AND you have not occupied the unit for more than 30 days (if you have been there more than 30 continuous days, you ARE likely covered by rent control)
  3. A unit or room in a hospital, senior home, extended care facility, convent, monastery or school dormitory
  4. A unit or room in a non-profit cooperative owned, occupied & controlled by the residents
  5. A building built on or after January 1, 1983 (Don’t know? Call the County Assessors at 510-272-3787 and ask them to tell you the year the unit was built and the effective date),
  6. A substantially rehabilitated building, IF the owner applied for exemption to rent control before October 20, 2017, and received a certificate of exemption from rent control
  7. A single-family home or a condominium sold separately AND you moved in after 1995

Most tenants in Oakland are covered by the Tenant Protection Ordinance! However, if you live in any of the following, then you ARE NOT covered by the Tenant Protection Ordinance (TPO) in Oakland.

  • A hospital, skilled nursing facility, or health facility
  • A nonprofit facility that has the primary purpose of providing short term treatment, assistance, or therapy for alcohol, drug, or other substance abuse, where you were been told in writing that the housing was temporary/transitional when you moved in
  • A nonprofit facility which provides a structured living environment that has the primary purpose of helping houseless people build independent living skills and obtain permanent housing and where occupancy is restricted to a limited and specific period of time of not more than twenty-four (24) months, and where you were told in writing that the housing was temporary/transitional when you moved in
  • A hotel or motel for less than one month

If you don't live in any of the above, then you ARE covered under TPO. Note: if you live in a building owned by a nonprofit, you ARE covered unless the facility meet one of the specific exemptions described above.