Legal Question in Landlord & Tenant Law in California

I have been living in my 2 bedroom rental unit for 10 years. This year my son who is on my original lease agreement moved in his wife and 2 children. I received a notice from my landlord that she is allowed to charge me an additional 10% for each person added to my lease and and additional 10% for each person to my security deposit. I want to know is it legal for her to increase my rent and security deposit and if there is anyway for me to fight this since I can not afford the increase. I really feel since my landlords entire church are living in my building she is trying to bully me out of one of the few 2 bedroom units. Please help. Thank you.

Sarina Whitesell


Asked on 4/27/10, 12:34 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Assuming you do not live in a rent controlled city, one would have to look at your lease to determine if such a rent increase is not allowed. If it is, the increase is reasonable. The amount of wear and tear on the unit will significantly go up because of the change from two people [really one for years] to 5 people. Kids are also more destructive than adults. Five people in a two bedroom unit is excessive. Such a change would probably justify the landlord claiming a breach of the lease and permit her to remove all of you via a unlawful detainer action.

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Answered on 5/02/10, 6:18 am


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