Legal Question in Landlord & Tenant Law in California

Lease Renewal

My lease is up for renewal after one year on August 31st. I currently pay $1695 monthly, but the same apartment is currently renting for $1425. Is the landlord able to increase my current rent when I renew or should I be charged the going market rate of $1425?


Asked on 7/24/03, 11:52 am

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Lease Renewal

We are in a society that is controlled by what we call a "free market". Tell them you want to renew at the going market rate of $1425. They need to rent to someone, and if you move, they will need to find a new renter, who will only pay market rate.

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Answered on 7/24/03, 12:13 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Lease Renewal

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

At the end of the term of your lease, your tenancy ends and you are expected to move out unless you and your landlord come to agreement on new terms. Theoretically, your are free to negotiate the best deal possible -- either in the form of a new lease or a month to month tenancy. Read your lease, however, to see if there is a holdover clause which would govern your continued occupancy.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 7/24/03, 6:19 pm


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