Legal Question in Landlord & Tenant Law in California

Last months rent vs. subsequent rent increases

I rented a house on Sept. 22, 1994 on a month to month written lease. The rent was $1550.00/Mo. with a proviso that if rent was received prior to or on the due date, the amount would be reduced by $100.00. The original lease states that I paid $6300.00 to cover ''security deposit, pet deposit, cleaning deposit and key deposit''. Since this time, the rent has been increased twice and I am now paying $2050.00/Mo. I was given sixty (60) day notice to move on Dec. 1, 2003. Am I legally bound to pay the difference between the original monthly rent ($1450.00) and the current amount ($2050.00) as my landlord is requesting? It was a mutual understanding that $1450.00 of the original $6350.00 included last months' rent as evidenced by the fact that the landlord is trying to collect the difference before we move out. Do I owe legally owe this balance? If not, is the original $1450.00 considered payment in full for last months' rent?

Thank you for your time and assistance.


Asked on 1/02/04, 2:19 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Last months rent vs. subsequent rent increases

On a month to month rental agreement (not a lease) the landlord can increase the rent by 10% with a 30 day written notice. If a rent increase is more than 10%, it requires a 60 day written notice.

The $1450 showing as last months rent is a security only. You are responsible for the actual amount of the current rental amount when the tenancy is terminated.

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Answered on 1/02/04, 2:27 pm
Martin Snitow

Re: Last months rent vs. subsequent rent increases

The landlord can increase the rent on a month-to-month lease. Since the written lease calls the deposit a "security deposit" etc. and not "last month's rent," you owe the full, increased rent.

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Answered on 1/02/04, 2:42 pm


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