Legal Question in Landlord & Tenant Law in California

I am not exactly sure what you think I am being difficult about. I did answer your questions. I said we are in Stockton. If the house were located in a town other than Stockton I would have said that. The lease was a year's lease started on 9/1/12 and ending on 8/30/13. We received the notice on 8/8/13 so even though there were three weeks left on the lease the rent increase was not in violation of anything in the lease as it would not take effect until after it expired.. There is nothing in the lease that says she will not increase the rent more than a certain amount. She raised the rent so high that she had to have known we would not pay it and thus forced us to move out. I wouldn't even be questioning it except that less then three weeks after we moved out I see the property listed for the same rent we were paying which is what tells me her sole intent on raising the rent was to force us to leave. I simply wanted to know if she can legally do that. Something that I did not mention before because I don't think it is relevant is that my husband is in a wheelchair so this move was very difficult on him since every time we move we have to find a place suitable for his needs. I really do appreciate all your help with this. I am just stressed out about the entire circumstance and on top of this we are also going to have to sue her for the retunr of our security deposit. I just want to make sure we have all the needed facts before we walk into court. Thank you.


Asked on 10/11/13, 9:26 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

All of these facts are relevant. You are simply omitting things to get an answer you want, rather than the correct answer.

If the lease did not provide any terms for renewal, then it expired automatically at the end of fixed term. Her offer to continue your tenancy at a higher amount after the end of the fixed term is not illegal at all, since you do not provide any lease terms to the contrary.

Her notice that rent would increase is also irrelevant now, because it was given during the fixed term, so Civil Code section 827 does not apply, since that would only apply to a month to month tenancy, which you would have been in had the landlord accepted rent after expiration of the fixed term.

Thanks for wasting my time.

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Answered on 10/11/13, 9:33 am


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