By Robert Griswold
Question: I have been a tenant in an apartment building for more than 13 years. Two months ago, my landlord overheard me complain to my friend about a hot water problem in my rental unit. The landlord denies that there is a problem and refuses to even attempt to fix it. All he can tell me is that I should move out if I don't like living here.It has been more than 60 days and he still has not fixed the problem, but he did raise my rent. This is the first rent increase in nearly 10 years. Further, he will no longer collect my mail while I'm on the road working. Do I have rights based on a retaliatory rent increase or a reduction of services for not accepting my mail?
Property manager Griswold replies:
While you have a strong circumstantial case for claiming that you received a retaliatory rent increase, that is all that it is. In most courts, you would have the burden of proof that the increase was directly related to some action that you took to protect your rights - like calling the health department or the media or a governmental agency. Just complaining to your neighbor does not rise to this level.
The fact that your landlord raised your rent recently is not unusual, since clearly the landlord has seen increased costs of doing business in the last 10 years, and you didn't indicate that the new rent is above the market for your area. Of course, it is not illegal for the landlord to increase your rent as long as proper notice was given. Thus, you have the burden of proof to claim retaliation, as otherwise every tenant would claim that their rent increase is retaliatory just so that they can get out of the rent increase.
Typically, what happens in retaliation is a complaint to the government authorities followed by a significant rent increase that may even push the rent higher than the market rate. Another way to look at the situation is whether you were the only one to get a rent increase and are you now paying significantly more than other tenants with similar rental units. If so, contact an attorney that specializes in tenant rights attorney.
The mail situation is fairly simple: Unless you have a written agreement that the landlord must accept your mail, then the landlord is under no obligation to do this. I regularly advise landlords not to accept tenant's mail or packages due to the landlord's liability if the items are lost, stolen or damaged. Insurance companies even sell insurance for this type of service, so there clearly is some liability to the landlord should your mail or packages ever be damaged or stolen. The downsides for the landlord or management company are many compared to the minimal appreciation they will receive from most tenants. There is nothing you can do about this other than ask if he will do it in the future, but the decision is entirely up to the landlord.
You should notify your landlord about the hot water problem in writing. While he still not do anything about it, it is important to preserve your rights and establish notice that you put it in writing as soon as possible. Be sure to indicate how long this has been going on and the fact that you have spoken to your him previously, and approximately when and what has or has not happened since.
Tenants' attorney Kellman replies:
If a complaint about habitability results in an increase in rent or decrease in services, it could be retaliatory and thus illegal. Here, the problem with the hot water may qualify if it is significant, like not having any or maybe having water that is too hot.
A rent raise that is a direct response to a complaint may be retaliatory. You will have to prove that the rent raise was motivated by a desire to retaliate rather than a desire for increased income from the property. In a non-rent controlled jurisdiction, greed is legal.
As to the mail, if that was a service provided by the landlord that is being withheld based on a complaint about the hot water, it could be another form of retaliation. Again you will need to prove that the mail handling was an expected service and part of your agreement, since your landlord is usually under no duty to collect your mail.
To claim your rights under a non-retaliation law, you must first make a complaint to your landlord, or an appropriate governmental agency, about the problems which then results in the retaliatory landlord action. While the specific laws vary, if your landlord is guilty of retaliation, it is possible that your rent raise could be blocked and the landlord may have to pay you a penalty plus actual damages incurred.
In your case, you complained to a friend which the landlord overheard. This is not the type of complaint that most non-retaliation laws require, since it may be complicated with misunderstandings and miscommunications. It is my advice to put your concerns or complaints in a polite letter to your landlord and give him a chance to resolve the problem before you claim that he violated any law.
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