Legal Question in Landlord & Tenant Law in California
This is my exact lease with my landlord. She wants to raise rent because I moved in a roommate. Can she do this given the parameters of this lease? If so, can do I still get 60 days notce? If I do not want to pay the increase can I move and still be entitled to my security, or is it forfitted because I breached the lease (her words)?
"Landlord owns a home on XXX, San Francisco, California, (the property). NAME will move into downstairs portion of Landlord's property on May X, 2011 (NAME's living area).
NAME will pay to Landlord $1300.00 per month plus the cost of electricity as reflected by a meter dedicated to name's living area using current costs per kilowatt as charged by PG&E. NAME will pay to Landlord each month's rent in advance of the twentieth day of that month. NAME will pay to Landlord electrical charges within thirty ( 30 ) days of notification.
In advance of moving in, NAME will pay the first and the last month's rent along with a $1300.00 cleaning deposit, refundable in whole or in part within sixty days of the date NAME moves out depending upon condition of NAME's living area, along with a $300.00 electrical use deposit, refundable in whole or in part within 60 days of NAME moving out depending upon NAME's payment for electrical use. NAME will give Landlord two month's notice in advance of moving out.
Landlord will ensure that the property is reasonably maintained and ensure the payment of monthly utilities. Landlord or Landlord's agents will respond to all notifications requesting repairs, modifications, or other maintenance within 48 hours of notification and will make a best effort to remediate such problems as quickly as possible.
Landlord will give NAME at least 24 hours' notice in the event Landlord or her agents need access to NAME's living area. Landlord will give NAME six month's notice in the event Landlord wishes to reclaim use of NAME's living area. Landlord will give NAME two month's notice in advance of any increase in rent, which will not occur more than once per year and will not exceed six percent per year."
1 Answer from Attorneys
The lease clearly states that you will be the occupant. It is ambiguous as to whether or not you are entitled to have room mates at no extra charge. There is no question it is a sloppy lease. There is a rule of contract interpretation that says that an ambiguity is interpreted against the drafter of the contract. On that basis you would probably prevail on an immediate increase. She still has the right to increase the rent on two months notice, unless the house was built before June, 1979. If so, she is subject to the 0.5% increase under the City rent control ordinance. You clearly have not breached the lease by moving in a room mate, so it would be illegal for her to keep the deposit on that basis. If you move out without 60-days notice, however, she is entitled to keep the deposit for any unpaid rent you would have owed if you gave the proper notice. I should mention also that her provisions for 60 days to refund unearned deposit funds are completely illegal. Landlords must refund deposits and give an accounting for any funds withheld within 21 days after a tenant moves out. She also owes interest on the deposits. Be all that as it may, however, she doesn't sound like she is a landlady who will listen to you about any of this. I again strongly recommend you take this up with the Rent Board.
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