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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rich v. Schwab, 162 Cal. App. 3d 739 (1984)

Citation
Rich v. Schwab, 162 Cal. App. 3d 739 (1984)
Parent Document
Rich v. Schwab, 162 Cal. App. 3d 739 (1984)
Jurisdiction
California (state)
Effective Date
1984-12-14

Full Text

824 chars
The rent increase was subject to the parties’ arbitration agreement. Asserting retaliation is impossible where, as here, the arbitrator would strike any arbitrary rent increase, Landlord contends the court properly granted summary judgment. However, the arbitration agreement does not negate retaliatory motive as a matter of law. Under the arbitration agreement, Tenants must fully pay noticed rent increases pending the arbitrator’s decision. Here, the arbitrator did not decide the May $80 increase until September. Although Landlord must repay with interest amounts the arbitrator deems unreasonable, Landlord could intentionally impose hardship by demanding Tenants presently pay excessive rent. Such action could be especially harsh where, as here, several Tenants are elderly, retired, and live on fixed incomes. *744