Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008)

Citation: Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008)
Parent Document: Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008)
Jurisdiction: California (state)
Effective Date: 2008-10-29
Original Source: https://www.courtlistener.com/opinion/2259791/gombiner-v-swartz/ ↗

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Following landlord’s demand, tenant informed landlord that he believed the Rent Stabilization Ordinance of the City of Los Angeles (RSO) applied to the property, making landlord’s unilateral increase in the late payment fee illegal. In addition, tenant insisted that landlord reimburse tenant for $83,400 in unauthorized rent increases that landlord had collected from tenant in violation of the RSO. Landlord reacted by serving tenant with a three-day notice to pay the $300 late fee or quit the property. Landlord also simultaneously exercised his right to give tenant a 90-day notice of termination of the lease. When giving notice, landlord told tenant that if tenant “approaches the City or any related governmental agency regarding the Premises [tenant] will be liable for return of the $25,000 settlement payment and further subject to a $25,000 penalty for breaching the Settlement Agreement.”

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