Legal Question in Landlord & Tenant Law in California

3 day notice to vacate

On a month to month commercial rental can the landlord arbitrarily raise rent and give a 3 day notice to vacate?


Asked on 10/25/07, 9:34 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: 3 day notice to vacate

You ask two questions.

"Arbitrarily" usually means on a whim, or without reason, but he can still raise the rent.

A lot depends on where you live, because some cities have rent. Your zip code is from Cypress, which has no rent control.

How much can the rent be raised. First it depends on the lease. Do your provisions in the lease specify rules regarding rent control?

If not, landlord can raise up to 10% with 30 day notice. Over 10% requires 60 days notice.

There are no limits, if it is not in the lease.

A landlord can use a written 3-day notice (eviction notice) if the tenant has done any of the following:

Failed to pay the rent.

Violated any provision of the lease or rental agreement.

Materially damaged the rental property ("committed waste").

Substantially interfered with other tenants ("committed a nuisance").

Used the rental property for an unlawful purpose, such as selling illegal drugs.

If you are behind on the rent, you can cure the problem by paying rent within the 3 days.

If you need more, please feel free to e-mail, or call, my office.

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Answered on 10/26/07, 3:04 am


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