Legal Question in Real Estate Law in California

Re: Did not get the notice of increase in rent

The whole issue hinges upon whether they gave you proper notice of the rent increase. If you do not comply with the rent increase, they have the right to give you a notice to pay rent or quit; if you do not pay within the time set forth in the notice, then the landlord can seek to evict you. You can dispute their right to evict you by filing an answer once they serve you with the lawsuit in unlawful detainer. At trial, you can tell the judge that you did not get notice, but if the judge believes the landlord instead of you, then you can be ousted; this is the risk you take. Whenever there is a dispute as to what the truth is, the only way to resolve it is by trial, and at trial the court will make its ruling based on who they believe is telling the truth; given that tenants often claim not to have received notice simply to try to get out of paying more money, you will have an uphill battle if you insist on pushing the issue. Unless you can come to some agreement with the landlord, that is your only remedy if you do not want to pay the increase. How much money is involved? If you go to court, you may miss work, etc. which will cause you to be out of pocket more than the rent increase.