Friday, March 26, 2010

Violation of CA. Civil Code § 827.

BLOG UPDATE.

Of my three complaints to Extra Space Storage, shown
further down in the next blog entry, it's the second one, (which Extra Space Storage didn't want to talk about) turns out to be the biggest of my three complaints to Extra Space Storage.
 This is a violation of CA. Civil Code § 827.
2). I pay $210. a month, and Extra Space Storage advertises the same size unit at the same location for $130. to $137. They have raised my rent twice in three years while at the same time advertising a nearly 40% lower rent online.
This is an unconsionable and unfair business practice because they have never offered me the lower rents.

http://law.onecle.com/california/civil/827.html
CA. Civil Code § 827 concerns any change of terms to a lease by a landlord; but it is mainly concerned with changes in rent; and the requiremants that a landlord notify a tenant of any changes.


A lease is composed of two main parts. The item being
leased, and the amount of rent being paid to lease it.
All other items in a lease are just bells and whistles, they cannot stand alone without the two primary parts of a lease; what the item is, and how much you pay to lease it.


Most people think that they've rented their apartment or storage unit for the total time they've been a tenant, ("I've been a tenant for three years") but that's not accurate.
When you rent for month to month, it's just that. You rent for one month, followed by the next month, followed by the one after, etc.


A periodic tenancy (month to month) ends on the end of each month term, it carries over to the next month on the understanding between tenant and landlord that nothing in the lease agreement has been changed.


For a landlord to hold a tenant to a higher rent, while
advertising a lower rent online without telling the tenant
about the lower rent is a deceitful business practice because the landlord has changed the terms of the lease from one rental amount to multiple rental amounts, without notice to the tenant as required by CA. Civil Code § 827


A periodic (month to month) lease is a contract of adhesion.
Blacks Law Dictionary: Adhesion Contract (1949)
'A standard-form contract prepared by one party, to be signed by another party in a weaker position, usu. a consumer, who adheres to the contract with little choice about the terms.'
(consumer = tenant)


The advertised price of an item is regarded as the fair
market value of an item; regardless of what that item is.
I was paying $210 per month, Extra Space Storage was
advertizing online the same unit size, same location for $130 to $137.
Extra Space Storage never told me about these lower
online prices, so I never had the chance to renegotiate my lease or move out.
This is in direct violation of CA. Civil Code § 827
I estimate that Extra Space Storage has overcharged me
about $1,500 in three years.


Extra Space Storage operates in 33 states, many of those
states have the same or similar laws to CA. Some of those
states have specific consumer protection laws. Plus there may be Federal statutes regarding this based the United States Supreme Court decision in the Cartwright case.

United States v. Cartwright:

 "The fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts."

United States v. Cartwright, 411 U. S. 546, 93 S. Ct. 1713, 1716-17, 36 L. Ed. 2d 528, 73-1 U.S. Tax Cas. (CCH) ¶ 12,926 (1973) (quoting from U.S. Treasury regulations relating to Federal estate taxes, at 26 C.F.R. sec. 20.2031-1(b)).
The term fair market value is used throughout the Internal Revenue Code among other federal statutory laws in the USA including Bankruptcy, many state laws, and several regulatory bodies.[1]
United States v. Cartwright

http://scholar.google.com/scholar_case?case=4964174066744569590

http://en.wikipedia.org/wiki/Fair_market_value
1). Selling and renting are in effect the same thing, in that both refer to an item being exchanged for money. In rental terms, that item is the right to use a certain thhing or property in exchange of rent.


2). "relevent facts": A landlord having multiple levels of rent is a very relevent fact. Without this fact, a tenant cannot make a valid decision about rent or continuing his tenancy; but is in fact having the decision made for the tenant by the landlord, against the tenant's best interests.

Extra Space Storage operates 740 facilities nationwide, 14 of those are in California. How many storage units in each?500? 1,000? More? How many tenants does Extra Space Storage have in California? How many millions of dollars is Extra Space Storage overcharging their tenants in California?
How many tens of millions of dollars is Extra Space Storage overcharging from all their tenants nationwide?
Or has it been hundreds of millions of dollars over the years?


ARTICLE OF EXTORTION BY EXTRA SPACE STORAGE
The blog at this link explains the illegal attempts by Extra Space Storage against me to prevent anyone finding out. These attemps include, burglary, theft, extortion, abuse of the court system and abuse of a mentally disabled veteran.
http://extraspacestoragelegalbullshit.blogspot.com/

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