Legal Question in Landlord & Tenant Law in California
Can my landlord increase my rent even if they signed a month-to-month agreement that says they can't?
My month-to-month agreement states that "[Name] and [name] will agree to continue residing at [address] on a month-to-month basis if our rent stays the same�$1,700 per month�with rent increases disallowed."
My landlord has now mailed us a 60-day notice for a 10% rent increase. Is this a breach of contract?
1 Answer from Attorneys
While not a "breach", it is invalid as the landlord is bound to the terms of the rental agreement which prohibits rent increases. They are free to serve a 30 or 60 day notice at any time to terminate the tenancy. 60-days would apply if you have been there longer than a year.
You should point out that the increase is improper under the terms of the agreement. The landlord may then wish to terminate the tenancy since it cannot increase the rent under the current agreement. You may want to try to negotiate a new (higher) rent if you wish to avoid a 30 or 60 day notice. It is your right to reforce the terms of your agreement but the landlord can choose to end a month-to-month tenancy at any time upon proper notice.
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