Legal Question in Real Estate Law in California

Rent Increase

I have lived in my residence for 4+ years. My landlord this Feb raised my rent from 700.00 to 1,000 a month. Now, I have received notice that come this Feb, he is raising the rent again an extra 275.00 dollars a month. Is this legal whether he is under rent control or not?


Asked on 11/08/02, 6:35 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Rent Increase

Rent increases are legal unless contrary to the terms of a lease, provided adequate advance notice is given--30 days to and including 10%, and 60 days for increases in excess of 10%, if I recall correctly.

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Answered on 11/08/02, 7:17 pm
Judith Deming Deming & Associates

Re: Rent Increase

If there is no rent control and if you do not have a lease for a period beyond month-to-month, yes, it is legal. If an increase is in excess of 10%, as is yours, the landord need only give a minimum of 60 days notice. If you want to insure that your rent does not increase for a specific period of time, then you need to enter into a lease for whatever period you want, say for one year or two years, etc. That way, you can "lock in" the amount you are going to pay and be secure in knowing what your rent will be. The "flip side" of that coin is that if you want to leave before the lease period is up, then you will be responsible for the rent whether or not you remain, unless you or the landlord find another tenant who will take over for you. The bottom line is you can't have it both ways; if you want to insure that the rent does not go up, you have to give the landord the "insurance" he wants, which is to have you sign a lease.

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Answered on 11/08/02, 7:54 pm


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