Legal Question in Landlord & Tenant Law in California
Our current landlord decided to raise our rent effective Oct 1, 2014. If we were to elect to terminate our lease, they required a 90 day notice and stay in the home for us to do so. We agreed to honor their 90 day stay and notice to terminate but feel that we therefore would not be responsible for the increased rent, rather just required to pay our normal rent minus the increase. Since we did NOT agree to the increase and are being requried (per their terms) to stay for 90 days with termination of the lease, can they force us to pay the higher rent, though we chose to leave, but are required (again per their terms) to stay in the home for another 90 days?
1 Answer from Attorneys
An attorney cannot answer this question without knowing whether the lease has special terms for termination, whether you are still under a fixed term lease or month to month, how much the rental increase is, and how much notice you were given.