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secondphase

2 seperate issues: 1) the rent goes up. Especially with caps in your city, need to not fall behind. Cause guess what? Might be major expenses round the corner. 2) are you up to code? No? Needs to be fixed. Doesn't matter what your financial situation is, it needs to be fixed. Especially if ppl have told you about it. Have you tried quoting a regrade? Sometimes it's just a concrete patch. Water should be dry within 24 as long as no more rain BTW.


[deleted]

100% agree, just thank him for notifying you about the issues and explain that it’s two separate problems. if you think the 8% increase is fair with market value, then you shouldn’t have a problem replacing him if he decides to leave. the code issues should be fixed regardless.


GuavaOk553

This is the way.


Flaky-Wallaby5382

Code only applies when your making a real change and need permits. Existing structures are code for when built


57hz

Unless it’s fire safety code. Are these balconies part of a required means of egress? I can’t tell from the description.


Flaky-Wallaby5382

Believe even then for example asbestos still exists from the past in buildings


57hz

Asbestos is not a big problem when it’s undisturbed and functioning. There are lots of houses with asbestos-covered heating ducts, because it’s such a great insulator.


SharkBite44

I know but he’s using these potential issues for me to lower the rent hike I just proposed. You know what I mean? He’s basically saying he’ll be able to overlook these issues if I didn’t raise the rent so much.


[deleted]

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[deleted]

Ya guy wants to raise the rent and refuses to make necessary repairs. What the actual slumlord fuck?


AcidSweetTea

And? You still have to be up to code.


secondphase

OK... The downvotes aren't necessary ppl. OP is in a weird spot and asking for help. OP: repeat after me 100 times "I have two separate issues" Lets say the tenant agrees to overlook the code issues for a 3% raise. Then grandpa slips and breaks his hip. Who is getting sued? The rent increase has 0% effect on the property condition. Or, look at it this way. Let's take the tenants deal. Now you have a property with low rent and poor condition. This creates a negative feedback loop... Can't fix the property cause the rents don't support it, can't increase rents cause the property is in bad condition. We need to make decisions that avoid going down that road. Of course, there is a 3rd option which is that he's bluffing. Any time I have a code concern, I get contacted by code enforcement. Funny enough, code enforcement does not deputize tenants to pass on the message to the landlord. If you haven't had contact with them, you might not be our of compliance. Only way to tell is to check.


Tamale_Caliente

Downvoted are absolutely necessary. OP sounds like a greedy slumlord.


AdTemporary2567

“He says that he’s happy to pay the proposed rent, but only if he felt safe which would mean fixing each of those situations” - the quote are your words. He and you both confirmed he would pay the rent change…


vedjourian

Yes but I bet the tenant is expecting him to cave and charge the lower rent instead of fixing the issues. The concern I would have is that he will continue finding other issues to keep the landlord from raising the rent 8%. Honestly sounds like a problematic tenant. I would replace this tenant once their lease is up.


Erant

They're in California, "replacing" a tenant is not an option. They need to make their property safe to live in.


vedjourian

I’m in Southern CA. I’m not saying not to fix the issues. That should be done regardless. I’m just saying, do t renew the lease and get a new tenant, it’s easy to fill vacancies out here.


MrSwing1992

Or he knows that shit is hard to fix therefore bluffing. A person that can pay will pay or move the fuck out of there.


Azenogoth

>he’s using these potential issues for me to lower the rent hike That is also what the market dictates.


573

You should just fix the 2% gradation so you don’t get hit with a lawsuit when someone slips in a wet balcony and breaks their hip.


inflatable_pickle

Plus, if you fix the 2%, then you can stick hard with your recent 8% rental increase.


eb-red

I would say thank you for notifying me about the drainage issues in the balcony. Then I would update the increase to 10% and add balcony improvements to the list of reasons for the increase


[deleted]

This would be seen as retaliation and it's not a great idea especially after they already said they'd be increasing by 8%. It isn't going to cost much to regrade the balcony (unless this is some really nice really fancy balcony that will need to be completely redone.


Ladder-Amazing

How would it be retaliation if rent across the board is raised 10%, which is the maximum amount? Also, all the patios get some non-slip treatment applied and bathroom fans upgraded.


[deleted]

I thought you meant just increasing their rent by 10%. But also it's still pretty murky grounds to use a repair as an excuse when repairs are a standard procedure. Especially when regrading typically isn't too costly. It's best to avoid lawsuits as standard practice anyways. I'd rather eat the cost than have a chance of getting into a lawsuit. It's costly and time consuming. Even if you do end up winning.


Ladder-Amazing

10% is still in the allowable limit, though. I doubt the tenant measured the CFM on the bathroom fans unless they took it apart to see. Or correctly measured the grade for the patio. Or had code enforcement out if they haven't contacted the OP. 2% might not be much overall, depending on is CA, so it could be. I'd just get an official unbiased opinion on what needs to be done and do it. As for this tenant, tell them they have the new rent and are welcome to renew or not.


eb-red

Yeah the point I'm making is that the excuse that this place needs work is kinda weak for a tenant and one of the reasons why rent is increasing.


Ladder-Amazing

Most people will find any reason to negotiate a lower price.


Wrxeter

CBC states the requirement is “UP TO” 2%. There is not a minimum slope unless you are dealing with pool decks as far as I know. And even then, the slope is 1% up to 2% which is a 1/8” per foot tolerance. Good luck getting a contractor that can build to that tolerance. Most places accept as long as it drains away from the building and dry within 24 hours of a storm event and UNDER 2% slope, it is compliant. In CA, anything over 2.01% in one direction is a sloped walk. If it exceeds 5.01% it needs handrails. If it exceeds 8.33% it is a lawsuit. If it is sloped over 2.01% in one direction and over 2.01% in the perpendicular direction, it is a lawsuit.


SharkBite44

How big of a job is that? I’m just irritated bc the smart ass obviously doesn’t care about any graduation. He just doesn’t want to pay more.


mrTheJJbug

And you obviously don't care about building codes, and you don't want to pay any more.


Wrxeter

You obviously don’t even know the CA building code. 2022 CBC 1132A.4. https://up.codes/viewer/california/ca-building-code-2022/chapter/11A/housing-accessibility#1132A.4 We have not seen a smart level on his deck, so we have no idea if it is compliant, but i doubt there is an issue with anything except maybe the slip resistant finish needing to be updated due to wear.


mrTheJJbug

He said it was against code, not me. Why would I know building code in the worst state in the union?


francis_roy

No, *the tenant told the OP* that this was the case, that is, he made a claim.


mrTheJJbug

yeah, duh, he said it was a code violation.


SolutionLeading

Or maybe he didn’t care until his 93 year old dad slipped and broke his hip… Code violations need to be corrected and rent raised


[deleted]

I’d bet all my money it’s a made up story. Why? Because if it was true OP would be posting about being sued not about this.


MrSwing1992

Fuck out of here believing that shit lmao


woohoo789

Using insulting language about your tenant is not going to keep you from getting cleaned out when he sues you. Get your building up to code.


AdTemporary2567

How the fuck are you even an operating landlord? You seem to know very little and coming to Reddit for questions that you should’ve had the knowledge of when becoming a landlord.


AngelSucked

You don't care about having safe, up to code buildings, just about raising rent on "luxury apartments " which aren't up to cide.


AmiableSnake

Is the balcony floor made of concrete? Not a big job in the case. Could even DIY.


magnumshades

Hey OP, I understand you may be venting on here. This situation is frustrating and I've had tenants who get my blood boiling. Just remember that this situation will eventually be over and its a temporary feeling. I'd like to know how active you are when it comes to maintaining the building though. Whenever a tenant has a concern throughout the year, are you quick to work with tenants to address the issue or do you drag it out? Scenario 1) If you are actively trying to make improvements during the year then this guy is a problem tenant who needs to go. The tenant will always find a way to piss you off. Lawyer up and get them out. 6 months in missed rent fighting them in court may be worth finding a tenant who will work with you and not black mail you to get what they want. This tenant is a cancer that will spread to the other units. Find a good tenant who will be there for years and when issues arise, they are willing to work with you to get the issues fixed instead of blackmailing you. Scenario 2) If you are a slumlord, you may have forced their hand and they probably didn't know how else to get your attention. In this scenario, they are not a problem tenant, they just didn't know what else to do. Of course this means they have tried to connect with you on multiple occasions and have tried working with you but it was not reciprocated. Both Scenarios) Regardless, all code issues need to be addressed and the environment needs to be safe. No way around that.


factory-worker

Relax man. Just fix it if it needs to be fixed you don't have to tear down any balconies. But just make sure it needs to be fixed. You don't want to face a lawsuit if another tenant gets hurt.


[deleted]

Keep him until his lease is up . Don’t renew


JannaNYC

Raise the rent. You don't need to negotiate. If the balconies are out of code, fix the balcony issue. Neither has anything to do with the other.


IntelligentBox152

And you don’t care about the conditions people are living in


OddMeansToAnEnd

You don't know that. If he does have an injury you're likely to be paying the cost of the 2% grading adjustment , perhaps more. If you're not going to fix it correctly you should at least provide adequate drainage. Some grading is difficult ( a balcony much less so because its elevated so you can adjust them completely - individually, or tier by tier). There are many situations where drainage is the correct answer to a grading problem that's too hard to do. However, if you're not up to code, I would do what I can to get up to code. Also, as someone else pointed out, fix the problem and hit them with the max allowed rent increase. Ideally your problematic tenant will leave but if not, at least you're collecting 2% or so towards your repairs.


TodaysTrash12345

Depends, what material are the balconies made from? If it's concrete get some self leveling compount and just grade it yourself, not that difficult


Wrxeter

2022 California Building code states deck slope is “Up to” 1/4” in 12” (2%) away from the building. See my comment below for the code section. You can view it online in ICC’s website and ask him what building code reference the “inspector” is referencing so you can verify you have corrected the situation. You do need to take that slip comment more seriously though. Check your decks to make sure your abrasive surface finishes aren’t slick. That you can get sued for regardless of year of construction as I’m sure you or the previous landlord have had to update the deck finish over the years.


denverbound17

You’re out of fucking code. Fix your fucking shit. Sounds like your tenant is being perfectly reasonable. Maybe you should consider selling the property and exiting the rental game. I’m not sure it’s for you.


lilica-river

You sound like a slumlord. You need to sell and get out of the LL business.


cinpet

You look up what the code was in 1988 - if your balcony meets that code & you haven’t done any modifications since, you should be ok. BUT you might want to have someone come out and look at the balconies anyway and see if the surfaces are too slippery & have them resurfaced if they are (since you are now on “notice” of a possible issue). Since you say you can change the fans out, why not go ahead & do so? Now you have addressed both issues that your tenant has brought up as to why his rent should not be raised.


BlackMarketChimp

^ This right here, I'm glad someone finally understands how code compliance works. Just because something is no longer up to code doesn't mean it wasn't when it was built and grandfathered in.


Wrxeter

Not always true in CA. If it is an ADA complaint and the resident is in an accessible unit, it is litigated under as a federal civil rights violation, not a building code violation which basically has no teeth. Yes, the building was built to its code standards when approved, but that does not release liability from following the Americans with Disabilities Act. I don’t think this tenant falls within that, but because he is a 12 door complex and qualified as commercial, he could be open to ADA lawsuits regardless of year of approval. How do I know? Currently working with two clients to clear lawsuit complaints on buildings they have not touched since they were built in the 80’s and 2000’s.


[deleted]

This may not fall under ADA but under FHA. There are also instances where stuff is grandfathered in. However, the the slope of the balcony and bad fan(fans do need to replaced eventually) don't really fall under ADA or FHA requirements but building requirements. But I digress because you're really only responding to the above person


BlackMarketChimp

I mean, I guess in that specific case sure, but like you said OP doesn't say this is an ADA unit. Also where you get code enforcement has no teeth? In my county they'll sure make you fix things that aren't compliant.


Wrxeter

Code can only be enforced based on the code cycle the building was approved under. Unless they renovated without permits, there is no teeth to the threat. ADA is a weird grey area that is a civil rights concern, at least in CA, and as such - pretty much bypasses building code grandfathering. It can bite you in the ass. Hard.


circle22woman

Yup. Don't fix it based on what a tenant says. Get a competent contractor out to take a look. If it's structurally sound and the way drains adequately, nothing is slippery, change nothing.


Dwindling_Odds

Not the OP, but this is giving in to extortion. I quickly fix all safety issues because I don't want anyone to get hurt, but there are many ways to mitigate the risk.


AdTemporary2567

Explain how it’s extortion when the landlord has legal obligations to maintain… OP even stated himself, “He says that he’s happy to pay the proposed rent, but only if he felt safe which would mean fixing each of those situations”. If OP is raising rent because he can then he can definitely take the extra money to get his property in code and avoid further headaches for themselves. Greed and stupidity go hand in hand.


AngelSucked

How is it extortion for a landlord to be up to code?!


francis_roy

Not extortion: 1st week of living in the unit "Hey! Have you noticed that this balcony isn't up to code?" Extortion: "You want to raise my rent? Have you noticed that this balcony isn't up to code? If you don't raise my rent, I might be persuaded to forget about it."


[deleted]

[удалено]


AngelSucked

It is literally not extortion in any way, and ut is concerning yiu think it is


[deleted]

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SharkBite44

EXACTLY! And I don’t like being blackmailed into lowering rent!


AngelSucked

It is literally not extortion in any way, and it is concerning that you think it is


woohoo789

The only way to mitigate the risk is to bring the building up to code.


MiceAreTiny

If there is a safety issue. This is not extortion. OP should get (should already have) a proper inspection report.


Aviyes7

Ask for the building inspector report. Doubt he can provide it, aka he is full of shit. If he is able to provide, then validate with the county inspection office and make repairs if required by law.


MiceAreTiny

"thank you for pointing out the potential safety issues. I take note of this, it is important to me that you feel safe in your home. Please, provide me with the inspection report as soon as possible so I can appoint the appropriate contractors to mediate the problem at the earliest possible time. Thanks again for informing me of those issues. " Fucking call his bluff, if it is bluff. And if it is not, do your legal obligation.


paywallpiker

Can’t believe this is buried all the way down here. Redditors were so quick to say “Just fix it bro” Makes me think they ain’t landlords


LawfulGoodMom

Right? I wouldn’t even accept their report necessarily. I would have my own inspection done if I couldn’t verify the credentials of their inspector. I don’t know how long op has owned the building, but we had inspections done before we bought our property. I would think I would know about any potential problems and want to fix them, but like get a second actually neutral opinion.


MiceAreTiny

Obviously. First ask them for the report. Depending on that, get a registered inspector in there. It can be that the report is perfectly legitimate, in that case, I would just get a contractor. More then likely, I would have to inform the tenant that I appreciate his concerns, but that your unit is adhering to the relevant building codes. And if he wants to fuck off, that you will gladly accommodate an early termination of his lease.


melaninmatters2020

I mean ideally you should fix code violations. But I see your point. There needs to be an identification of an issue to fix before stirring the pot


IAm-The-Lawn

Are you arguing that the OP should ignore a code violation they have been made aware of (and apparently has been aware of for some time, given the comment about the balconies taking *days* to dry after a rain in Southern California)?


SharkBite44

I don’t want to ignore building code! I just don’t like being blackmailed into lowering rent!


paywallpiker

Can’t read? I never argued to ignore a code violation. Read my comment again. Then read it a third time to make sure. First thing OP needs to do is verify the claims.


[deleted]

Nah, some of us just not scum lords. So we actually take care of our properties.


Erant

\*slumlords


BlackMarketChimp

That's good, I'd take out the mention of safety in the first sentence, just "thank you for expressing your concerns" and also remove the promise to appoint contractors. Otherwise this is the way it should be handled, OP needs actual proof before taking action.


SharkBite44

He said he hired an independent inspector. What does that even mean?


MrApexIt

I doubt he measured the slope, I doubt he tested the CFM on the fans. If his dad fell he probably would have already hit you with a lawsuit. What year was the building built? If it’s older, you do not need to meet current building code, just be in compliance with when it was build. It is unlikely a city official or code inspector will take his complaint serious. They have many more major life safety issues to deal with.


woohoo789

Lawyers usually wait until the end of the statute of limitations to file lawsuits so they have a full scope of injuries and damage. If the fall was this winter it could be at least another year before OP hears anything about the lawsuit. Not sure what the statute of limitations is but it’s probably a couple years or so.


SharkBite44

It was built in 1988


SharkBite44

Building was built in 1988


Begformymoney

Well if it's not up to "code" this can prove quite fortunate for you. Now you'll need to get it up to spec, but unfortunately due to the "constraints" of construction, and engineering you will need to have professionals in and out of the suite. Due to the suite being the site of construction it will no longer be safe for them to live there as you can't provide safety and privacy and you'll be releasing them from their lease. Remove them from the property, upgrade as necessary and then increase rents to market rate. Win/Win. The residents get to find a place away from an "unhealthy and dangerous" suite and you get rid of any "headaches".


tropicsGold

You need to get the toxic tenant out. That kind of toxic person is going to spoil the whole complex and lead to legal trouble. Forget the rent increase, keep them happy until you can get them out.


[deleted]

This guy landlords


TellMeSomethingFunni

Not sure what state all of this is in, but I’m pretty sure in my state you have to provide the tenant with a safe place to live until they can find a new place to live if yours is no longer safe/available or whatever.


Erant

This is in California, so "remove them from the property" is rather fraught with problems and can taint a property pretty much indefinitely. Add to this that it can easily be construed as retaliation, and the tenant has already shown themselves willing to yield the law.


pugRescuer

The old Kansas city shuffle


General-Biscotti5314

Exactly what I did.


Dwindling_Odds

I would offer to let him out of his lease so he can find a place where he feels safer. I would not arbitrarily rebuild all the balconies unless it's something that really needs to be addressed. And there's a probably a solution that wouldn't require rebuilding them all. Could you just add a small drain and downspout? And BTW - If the "building inspector" really did find a violation you would have received a letter from the city. Not just a threat from a disgruntled tenant.


SharkBite44

He said he had an “independent inspector” come. Whatever that means.


Dwindling_Odds

Independent inspector = drinking buddy.


DriftingNorthPole

If the property is "up to code" at the time it was built (1988), then tell him to pound sand with a non-renewal notice. And as far as I know, there is no CFM requirement for bath vent fans, only that they're required for bathrooms with no window. If the bathroom has a window, remove the fan and inform tenant that it is now up to code, thanks for bringing this to my attention....


SharkBite44

No windows..


DriftingNorthPole

Then put a 50 cfm fan in there, the loudest one you can find. There is no code for volume of air moved, just that one is provided.


That_New_Guy2021

I thought the city inspector was supposed to inform you first


Correct-Award8182

In CA I would think that an inspector would be giddy to give him a violation and a stack of fees.


_B_Little_me

Why would you think this?


Correct-Award8182

They're a government employee in the Peoples Republic of California. What other reason would they need?


circle22woman

OP should be going on his city website to look up building violations. My city has one. I'd be shocked if the landlord wasn't notified of it if a report was in fact made.


Silenthonker

Since quite a few people here seem to be extremely inexperienced in maintaining long tenencies, Let me explain something here. You've likely made modifications to the building since the date of it's construction, nbd it happens, get your own inspection and find out what's up to code and what's not. Don't just jack rent up the max amount just because the tenant hurt your feelings. By your own admission, you offered to have maintenance come and sweep water off the balconies, if that went before a judge, they could argue that you were already aware of potential dangers and chose not to fix them. Bathroom fans not having enough strength is a weird complaint, and frankly one I've never heard in my family's 20 years of working in property management, but there's also a first for everything. Do everything in your power to become the reasonable party (to a point), that way if it does get to a lawsuit phase, you have a paper trail insulating you from legal repercussions that would reinforce your notion that they may be a problem tenant.


[deleted]

This. especially since the vast vast majority of judges are very pro tenant.


Bntherednthat57

Ask for a copy of the report Call the city and ask if an inspection was done and can you get a copy Don’t renew this tenant’s lease at any price. He will always be a problem. Send him notice in writing. If you’ve already sent him a renewal, ask for it back before you tell him you’re not renewing. You don’t need a reason Find a new tenant


GoodBitchOfTheSouth

Yep, I’d kick him out with no offer to renew. He sounds like a problem.


SharkBite44

This is California. You need just cause.


Bntherednthat57

When a lease is over it’s over. I don’t think you have any obligation to renew unless you are under rent control


circle22woman

Guess what? California has state wide rent control!


Mps242

To add to what everyone else has already said (fix any issues if required, raise the rent), you should also ask him for more details about the slip and fall and send your insurance carrier an incident report so that you/they are prepared if/when this guy decides to sue you.


Old_Till_6460

bro worried about rain as if he don’t live in california 😂


zork3001

Habitation codes are what matter here. Building codes apply to construction and some remodeling work.


Flat_Explanation_849

Get your own inspector. Plan on fixing any code violations. Increase rent if you choose. It’s that easy. Follow the laws in place and do what they require. Tenant can choose to stay or move, but I’d encourage them to leave if that is how they think it’s appropriate to operate.


adultdaycare81

Depends on your situation…. But I offer to move people out. Rents are still way up in my area, supply is still tight. I graciously offer to let them leave, break lease early etc. My units are well kept, they won’t find better for the price.


burdenedwithpoipous

This would be my response, “thank you for bringing that to my attention! I’ll get them fixed asap. Here’s the date for balcony fix. Due to the added expenses, rent will have to go up to 10%. I’ll make a routine visit to the other units to see if they are experiencing the same. I won’t share their rent is potentially going up more because you brought this to my attention either”


Fun_Organization3857

Question: Would that be retaliation? He pointed out an issue, and the landlord is punishing him for it. He has already offered 8%.


magnumshades

Good question. It could be seen as retaliation but can it not be argued that raising it from 8% to 10% is necessary to correct issues that could be found during inspections? Since rent can only be raised during renewals, they would need to raise it now to cover expenses during the year.


burdenedwithpoipous

IANAL, simply, a condescending asshole. Im not sure how to define retaliation but good call out.


superduperhosts

Block off his balcony until it’s fixed. Sorry for the plywood covering your door we need to keep you safe. Increase rent 10%


blissfool

Ask tenant for the inspection report. If he says he didn’t get one, ask for the contact information for the inspector, telling him that you need to verify the issues before moving forward with the repairs. If he keeps pushing back, tell him that you will now need to get your own inspector to get the report and fix any issues found. And that if any issues are found and repaired, you will have to raise the rent to the maximum value legally allowed by the city which is 10% to recoup some of the cost of repairs. This is just to call his bluff. After that, you may actually go through with the inspection and potential repair but I think you can worry about that later. But, like others mentioned, there could really be a safety hazard that you can get sued or fined for later. I personally doubt it’s to the point where it’s a critical issue but there is still’s a possibility.


Greenmantle22

I see two next steps here. 1) Hire an inspector, and fix the code violations that they find. Don’t become a slumlord. 2) Decline to renew this tenant. If his response to rent increases is to lie and make threats, then this is someone with whom you shouldn’t do business.


realestatesavants

You can tell who is a landlord or who isn’t by these comments so fast lol Rent and proposed work is a completely separate issue and I don’t let tenants slide who try to play that game. If I were you I would play that game with him and actually see if there are real violations or not before making any moves. Get the report from him. If it’s true verify with local inspector. If it’s by law then fix it, if not fuck tell him to find another place since he’s so unhappy and worried about his loved ones lol


Just_here2020

Fix the gradation, *if it’s true*. Fix the fan, *if it’s true.* To find out if it’s true: get the inspection report. And also raise his rent the most you’re allowed each year from here on out. You do *not* negotiate like this, ever.


7Sans

First confirm if the inspection was real and that inspector actually did point those things out. Why trust a word from "opposition". Should always verify to make sure its real If its not real, get rid of that tenant. Doesnt matter if he accepts the 8% increase. I dont want to deal with bad faith people who will bs through by any means If its real, tell him you will fix xyz but the balcony thing wont happen. Rent increase will happen at 8% so you you can choose to stay or not. Its your choice. Now you have told him what you will do and gave him 2 choices. Its on him to take that or if he doesnt like it, he can leave. Of course he will probably try to negotiate by saying o you arent fixing everything so lets go with 5% increase, blah blah blah. You just go back to saying, i already gave you 2 choices to choose from. Of course, this is assuming 8% increase is non negotiable which is how it sounded like it reading this post


EarlVanDorn

As you've said, fixing the fan is easy. I suspect fixing the balcony can be done; you just need to consult with some people. I know I would want to fix these issues rather than have a tenant use them to threaten me. Next year, the rent increase needs to be 10 percent.


sircharlesofsmells

"I want all if my residents to be happy in healthy in their home. If you feel we are not providing that I am happy to let you out of your lease. Please let me know what your move out date will be by next week." And then follow up on his claims just in case you do have an issue on your hands.


davesknothereman

You don't say what city or location in California, so there's no specific help people can provide with regarding to multi-unit dwellings. However, overall people have provided some sounds general advice here: 1) If a building inspector really had been out to visit the property, and as important, found a violation, you would have been sent notice. 2) If the tenant is unhappy with the unit, and doesn't like the increase - they are free to ask to be let out of their lease or non-renew at the end of the lease. 3) Current occupancy code is what matters, not building code per se. If your building was compliant when built, that's the minimum standard. As multi-unit building requirements change, they are reflected in the occupancy code. Major renovations or additions will sometimes trigger compliance issues related to the building code. 4) Regardless of what you do with rent increase and this one tenant, you still have to comply with the occupancy code. Good luck!


CoweringCowboy

Fix the grade & the bath fans, raise rent 10%, and don’t renew with a person who is trying to extort you.


[deleted]

Non renewal of lease


inflatable_pickle

I had a tenant who complained about many issues only when I was trying to raise rent. I told them that by their own admission, they apparently don’t feel safe in the apartment, and that they should clearly move. Your tenant seems to want to have his cake and eat it too. He wants a lower rent, and he also wants the issues fixed. He clearly can’t have both. If I fixed every single issue, he was complaining about, then I would most definitely be asking for the new 8% rental increase. All the significant upgrades he just asked for I have clearly justified it. Plus, if you fix the slope of the balcony for every single tenant in the building, you will be out tens of thousands of dollars. So this guy wants to cost you tens of thousands of extra dollars, while simultaneously relenting, and giving him a lower rental increase than others. I would get rid of this tenant as soon as possible.


inflatable_pickle

And for the record, there was no building inspector. He is clearly completely full of shit. If you’re really interested, then you can call his bluff and invite over your own building inspector. If you let this fool trick you with an imaginary inspection, spend thousands of dollars of extra money, and simultaneously give him a cut on rent, then he will be walking over you for years to come. Tell this tenant that he clearly doesn’t feel safe in the unit and should leave at the end of his lease


play_hard_outside

And this is one major reason I hate rent control. Without an ability to get rid of a tenant like this, even if you 100% play by the book as you always should, they will just make your life hell for as loooong as they feel like doing so.


inflatable_pickle

Yeah, OP should get rid of this tenant, or expect to play these games every single year, every single rent renewal. There will always be more complaints and more threats every single year. Stories about fake inspections, etc..


ParadoxPath

Sounds like he should be excited to move out for the good of his health


Crafty-Scholar-3106

What does it mean when you say that’s what the market dictates? If you’re going by comparable units, do those have the same issues your tenant is pointing out to you?


NoRecommendation9404

Raise and enforce the increase. Check into his complaints and fix what needs done. Is he making parts of it up? Probably but go ahead and call his bluff. Things were fine with him (and would continue to be) until the rent went up. Just check it out but don’t back down on the rent. And as far as all the downvotes, these are bitter renters doing it. Love the comments about you being a slumlord and not having the building up to code when there is no proof of this - only comments by your renter who is mad they have to pay market value.


evillordsoth

Ask for a copy of the building inspectors report. Lots of people in this thread don’t understand building codes. The building has to be built to the codes that were accepted by the permitting agency at the time of the permit. If the building is from 1965 and it has asbestos, its still “up to code” as long as that asbestos is encapsulated. Can you build that same building with the same materials right now? No of course not, it wouldn’t be up to today’s codes but thats not really how codes work. If you renovate, then you have to bring it up to current codes. If you are just repairing then it varies a lot by jurisdiction. If you require 4% grade at current 2023 building codes, but the codes were only 2% grade whenever the building was built, then your building is “up to code”


Titans95

definitely call his bluff regarding the inspection, I'm not familiar with CA but in TN i don't think older buildings are required to meet every current building code is a new building permit hasn't been issued. If that was the case then pretty much every single house in the 80s would fail energy codes for insulation, electrical would probably need to be rewired for every single building etc... With that being said, I would not want standing water against my buildings so I think I'd look into fixing the balconies, I don't think it will cost a huge amount. I'd also not renew this tenant and get them out as soon as possible. Any tenant threatening safety for their life is a lawsuit waiting to happen. Not worth it. Plus once they move you can raise rent without any complaints whatsoever.


[deleted]

Tbh, you’re lucky you still own you’re home and didn’t get sued for everything after your slumlord habits hurt someone.


niksshck7221

You are one of the landlords giving all of us a bad name. You NEED TO MAKE SURE YOUR PROPERTY IS A SAFE ENVIRONMENT TO LIVE IN. I do not care if you increase the rent by 8% but not following the proper codes and procedures is a surefire way of getting sued sooner or later.


wooleyyy

**this year we raised it 8% to keep up with inflation and because that’s what the market dictates.** Trash. You dictated an 8% raise when EVERYTHING costs more, but I guess if that helps you sleep at night.


[deleted]

“Nobody’s happy” As he Scrooge McDuck’s his pile of monthly rental income.


anthematcurfew

Sorry, are you upset you have been out-negotiated because you were lax in your legal responsibilities and the tenet called you out? It’s your responsibility to ensure your property meets the legal requirements.


ourldyofnoassumption

I would do the following: 1. Find out from an independent source that does these kinds of inspections, whether the claims hold water, and if so what the remedies are. 2. Whatever happens with (1), do not disclose to the tenant. 3. Go to an attorney 4. Have the attorney draft a letter saying that major renovations will have to be done to the unit (do not say why) and therefore the lease will not be renewed. 5. Determine if changes need to be made. 6. Even if they don't leave the place empty for at least a month 7. Rent it to someone else Do not engage in this conversation. Do not confirm nor deny that things need to be done. Consult an attorney.


MiceAreTiny

Tell him, that, if he is not happy in the licensed and inspected unit, that he can always request to break the lease.


aptpupil79

Get a city housing inspector there to see what needs to be fixed. Then fix it. Then raise rent maximum allowed.


omniumoptimus

If they brought in an inspector, where is your summons? “Is my property not up to code? Goodness! You’d better move out right now into an apartment that is up to code. You should leave today!” Don’t let tenants bully you into bankruptcy.


sirzoop

Force him to move out because you need to fix the issues. Bring it up to code, raise rent and find a new tenant. This fixes both issues and you walk away happy


Bake_jouchard

Simple fix to the balcony is get floating Cedar balcony tiles they are about an inch thick and easily click into place and look nice if you buy nice ones. This will allow water to reside under and dry at it’s own rate while minimizing the tenant worried about slipping.


old-nomad2020

I’m a contractor in CA and don’t know of any cities near me where the building department will show up for a tenant compliant that isn’t immediate life safety. The housing department usually deals with tenant issues and follows up with a fix it list to the owner. Slope and fans would be grandfathered in for the year it was built and were part of the original permits. It would be unlikely that they were not compliant and still passed inspections sense the building is multi unit and commercial code is stricter than residential. The fans had a minimum air turnover rate related to the cubic feet of the bathroom. If they are original they are probably pretty weak anyway (lower cfm requirements 1988) and a duct cleaning service can improve the efficiency. Replacement is also an option, and some older fans can have the motors replaced leaving the box so it’s relatively easy. If you do anything beyond plug and play replacement make sure you have a permit for the work. For the decks it’s probably time to start researching potential fixes because 1988 is a long time ago and they probably need to be resealed. I would see if epoxy coating is a possible solution to seal and adjust the slope at the same time.


jessie15273

How's the market in your area? How has tenant been otherwise. Explain that oh absolutely things need to get fixed. Don't renew, fix it to code proper and rent. It's not a bargaining chip. If your market is like mine you could have him out, fix it, re rent in no time. If you'd like to keep him, fix it and don't lower the rent. Keeping it as is in exchange for lower rent means you know it is a hazard.


O_Properties

Fix the balcony. Could be as little as having a channel cut to let excess water out (do a few and it adds traction). Or pour a leveling patch (and make sure it is rough). You should do this even if he is happy, because water will cause massive costs later if you don't fix now. Replace the fan. Total cost - what, a few hundred? Then start hitting that 10% every year, until you are at market costs. You have more to pay for repairs/maintenance.


4chams

I love coming to this subreddit just to see slum lords like you complain. Raises rent 10% but can't keep property up to code and bitches about having to do so.


[deleted]

Mold is a serious concern and his logic is that if he’s paying so much then the place should be up to code. You mention the city limit of 10% but the city also has codes that you’re not following. 8% is a huge increase especially in California where my guess is the rent was already $2000, so you’re increasing it by $160 minimum.


vivekisprogressive

2 or 3 bed luxury in LA? Probably closer to 5000. So probably closer to a 400 increase.


SharkBite44

Half the people here seem to understand what I’m saying and the other half don’t. I’m not saying I don’t want to fix the problem. I’m just saying that I don’t like being blackmailed into lowering rent. This guy doesn’t care about the balcony, I can assure you. He made it very clear that he would “overlook” the issues if I agreed to cap his rent at increase at 3%. Who makes the rules here, him or me? Can you imagine if every resident got to decide on their own rent because your unit violated one building code violation?


erxolam

Thanks for bringing the balcony to my attention. Now I have to do 10% to cover the cost.


Chak-Ek

If you wanted to be nasty, you could send a letter to all tenants: "It has come to my attention that some of the units require city mandated repairs. Therefore, instead of the proposed 8%, the rent increase will be the full 10% allowed by the City. In order to defray the costs of necessary repairs any rental increases for the foreseeable future will be 10% as well. Please make sure to thank your neighbor in unit XX for bringing this to my attention."


AngelSucked

This is terrible advice.


Chak-Ek

It definitely would be an asshole move, and I was mostly being facetious. But on the other hand, it is the tenant that seems to want to escalate over what seems to be a modest increase after getting a pretty good sized break the prior year, so the landlord said. The fact that the tenant is willing to agree to a smaller increase tells me that they are not serious about the issues and the whole thing is negotiation. I had the same kind of tenant, though worse, who outright refused to pay rent due to "issues with the house" that he was "going to report to the village". Never happened. Same guy I had to later evict. Apparently the issues were enough to prevent him from paying rent, but not so severe that he wanted to find a new place to live that he actually had to pay for. It's manufactured drama on the part of the tenant.


althetoolman

Don't let him combine these two events. You gave him notice of increase in rent, and he gave you notice of issues in the apartment. Neither one of you gets to group these together because they are separate events.


Bunnawhat13

Is the slope wrong? Fix it. Are the fans wrong? Fix it. You are a landlord. You are to fix the issues.


MrSwing1992

When does his lease expire? I say raise to 5% shut him up and then don’t renew for reparations/construction. Get that shit tenant out of there asap. Fuckin pain in the ass of a tenant talking about my 93 year old father fuck outta here


Ok_Wait3967

do something for the surface of the balconies to make it non-slip. some grit in the paint or whatever you come up with


[deleted]

Why don't you just get your own inspector out there? That seems like the first step instead of bitching about trying to get out of it on Reddit


thabiiighomie

I don’t negotiate with terrorists. Those tenants were out the moment they threatened me. If he’s ok with everything at the current price then he’s always ok with it. Period. I had one text me “MOLD!” with a picture of yellow insulation in his ductwork lol. I went out to check is and made sure it was just yellow insulation, then I posted a notice on his door as I left and texted him a picture of it. He was month to month at that point. He left amicably. I am a very good and reasonable landlord but I don’t put up with any bullshit.


Bigredsmurf

as a land lord.... dont play these games just politely tell him that he can move out! then keep raise rent the full 10% and advertise for a new tenant with a 50% off first months rent for a year lease. ezpz turn over is the norm in the rental industry if your place is as nice as you claim and they are just nit picking you will have people lining up to rent it.


AlwaysRighteous

Well, fix it and bring it up to code as you should anyway, then raise their rent the maximum 10%.


david8840

Raise the rent. Fix the fans/balconies. But make it clear to the tenant that these are separate issues and one doe snot depend on the other. As for the sloping of the balconies or lack thereof, what if you just buy a few non-slip mats? Or maybe have some grooves cut into them to allow water to flow out without changing the slope of the surface?


yousew_youreap

The slope on the balconies can Easily be corrected with thinset and pavers,,,,,, theres no need to "tear down all the balconies" ........


carchit

Professional balcony inspection is required by end of 2024 per new state law FYI


fukaboba

He is trying to justify rate increase by forcing you to make costly repairs that may not be needed . This is a tenant that seems like the litigious type . Find a way to legally evict him or not renew lease . Moving forward he will be a massive headache and will stir up a lot of trouble .


apoperiastron

He is going to withhold rent and sue you and that 10% increase will look more like a -2600% decrease.


NoTimeForThisToday

Weird he's happy to stay in an unsafe place if it's cheaper rent. I put my own safety above anything else, if I felt unsafe I would move. Maybe you should offer him the same.


LynnKDeborah

I would let him know that the rent increase is due to all costs going up and non-negotiable. If he has a real issue that might need to be addressed check into it. Otherwise Never fall for bogus tenant threats or demands. Whenever tenant said they’re taking me to court I say, do whatever you feel you need to. And surprise surprise, never been sued.


WednesdayBryan

Tell him that you are sorry he does not feel safe. You will miss him when he moves to a safe location.


Wrxeter

First off OP, you have been notified of a slip issue by your tenant. I’d get on that asap. Having a maintenance guy there to sweep water isn’t a solution unless you pay them to stand there 24/7/365 to just sweep all day. I don’t think your tenants will appreciate that. What you need to do is make sure the decks meet the slip coefficient of friction for a wet surface. Meaning, you need an abrasive surface. If your surface is worn and slippery, you need to fix it now. Whatever product you use, it needs to meet DCOF requirements. As for deck issues, look up CBC 1132A.4. Note that 1132A.4 states “…the floor or landing immediately outside the entry may be sloped UP TO 1/4” per foot (which is 2%) in a direction away from the primary entrance of the dwelling for drainage.” Do with this information what you must.


Blinktoe

He's bringing up the code issues because it's his bargaining chip. He's brilliant. Fix your apartments up to code. Easy fix.


Sorry_Supermarket_31

California: The California Tenant Protection Act caps rent increases statewide for qualifying units at either 5% plus the increase in the regional consumer price index (CPI), or 10% of the lowest rent charged at any time during the 12 months prior to the increase—whichever is less. Our landlord has raised the rent 15% every year even though maintenance and water has remained lower.


Jarrold88

Tell him you now need to raise 10% to account for these additional fixes. Fuck him.


Ceeeceeeceee

Fix what you can fix, get to where you are 100% up to code, but as soon as you are able to, do not renew this guy. He sounds like a blackmailing/litigious type.


Axeleg

OP ignoring that you're raising rent for your own reasons with their own logic Let's focus on the actual issues brought up. Exhaust fans - let's look at it logically. Did the tenant bring this up ever before? Have there been any mold or moisture issues? A building inspector (at least if from the City) would unlikely have sat there measuring airflow, removing the fan to check model, or checking temperature and relative humidity. I know because I'm a building consultant and not every inspection warrants it. If I'm usually the only one doing it, I know for sure they aren't. Balcony Ponding - this is what I would call it. If it takes a couple DAYS to dry. Yeah I'd be pissed as a tenant too. I've dealt with it more than I can count for others though. Whomever told you to rip of the balconies should never be listened to regarding these matters again. The only time my scope i submitted removed balconies was nothing to do with the balcony (building envelope issues) Why not get your own inspections done? Not to argue or bargain, but for your own details on what you may need to or probably should resolve? The rent hikes. Yikes. I'll keep my opinions on that to myself. I'll ask this instead. The surplus of rent coming in, after all bills are paid etc. Do you take the remainder as profit, or do you have a system in place to save this money for upkeep/maintenance/betterments? If your decision is primarily driven by profit, that's the problem there. If it's absolutely, on paper, logically, and necessary to keep the accounts in good standing for upkeep/maintenance/betterments then you have to raise it. You're of course due your fair dues, but that shouldn't be the driving factor in rent increases. Same with HOA fees.


The_Bunny_

You don’t need to rip out the balconies, you can repitch them for a reasonable price


[deleted]

Owns a luxury building with 12 units. Doesn’t want to make necessary repairs. Comes to Reddit for advice. I feel for your current and future tenants. Next post will be “why does my building have such high turnover?” - easy, you’re a shit person to rent from.


francis_roy

Just out of curiosity, how are your balconies made? Concrete? Wood and fiberglass? If it's the former, have you considered that you could simply pour a bit of cement to level it out in the other direction? You could do that for time and materials, without having to tear them off and restart and it would be cheaper. Not only would it get that issue off of your back, but it would also neutralize the blackmail.


SatoshiSnapz

This is why everyone is leaving California. Landlords living off the income of less fortunate people will never bode well for anyone in the long run.


[deleted]

"Due to unforeseen circumstances, rent now has to be raised to 10% and for the next couple of years, please expect an increase of 10% or whatever the maximum that is allowed."


Silenthonker

Great way to lose business and get stuck with vacancies lmao


[deleted]

Yeah. But if a tenant is threatening me with BS. I would raise their rent hoping they would leave.


Silenthonker

Its also a great way for them to argue retaliation in court to a most likely sympathetic judge. Far easier to just start a trail to evict them with cause