Legal Question in Landlord & Tenant Law in California

My brother and his wife are renting an apartment and their lease is now up. The leasing agent is basing their income on a one-day bonus his wife was given several months ago during an event and now wants to raise their rent to more than what they can afford. They have had my brother's wife's boss call and write a letter to the office stating that the bonus was not part of her regular pay but the 21 year old leasing agent isn't budging. I thought income was supposed to be averaged out on what she actually makes, not on a one-time bonus. Who is in the right?


Asked on 12/30/09, 10:14 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

If their lease is up, the landlord (unless this is a Section 8, assisted housing or rent control district) can raise the rent to whatever he wants. Also, a bonus is to be included in the averaging of income under most formulas (for Section 8, assisted housing or rent control). Without a lease, the landlord can change the terms to whatever he or she wants - what they make is truly irrelevant, and while the landlord may use that to determine applicable rent, he does not have to. Besides - why is a bonus not income? Your brother and his wife received the money, didn't they? I fail to see how that is not income to your brother and sister-in-law. I understand that it is not regular income, but if averaged over 12 months, then it is truly a measure of what they earned in a 12 month period. In any event, unless they are under Section 8, rent control or assisted housing, there is really nothing they can do about it except move.

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Answered on 1/04/10, 11:07 am


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