1027 – Removal of Gardener Service and Unlawful Rent Increase

Text Message – Demand for Reinstatement of Contracted Services

 

Text message about gardener removal and rent increase

 

Summary

This message documents Michael Gasio’s demand that the property owner and agent reinstate the gardener service that was included in prior lease agreements. The text references prior written confirmation from both the owner and his daughter in 2023 stating that the gardener was part of the contracted services. In the new lease, the gardener clause was removed $350 while rent was increased by $350, forcing the tenant to pay twice $350 for the gardener by omission and need to maintain property to HOA standards—once to replace the service required by HOA and now no longer receiving service but paying same payment base payment once through the rent hike.

Legal Context

Evidence Value

This message, combined with earlier screenshots showing the gardener service in the 2023 lease, demonstrates a pattern of financial manipulation. The owner not only increased rent beyond legal limits but also retained funds for a service no longer provided, effectively doubling the cost to the tenant.

Calculation Summary

Legal Implications

By removing the gardener clause while raising rent, the landlord engaged in a bad-faith contract modification and violated California rent control limits. This action demonstrates intent to circumvent statutory rent caps and reclassify existing obligations to inflate rent beyond the legal threshold, a violation of both AB 1482 and California Civil Code §827(b).