Legal Question in Landlord & Tenant Law in California
Month-To-Month Tenant Refuse To Honor Rent Increase
I just served my tenant a 30 days notice to increase rent this 9/2. Her increase is 10%, and I just became aware of the CA law of giving 30 days. However, she will not honor it, bec., our orig. 2006 rental agreement stated that I'd give her 60 days notice to increase rent. Should I follow through with my 30 days? Or should I follow my orig. m-2-m agreement? If so, when is the best time since she now demanded repairs after the notice?
After 15 days of serving the notice, she's now demanding that I must fix the ''old'' problems in her house. I am aware of the 2 problems and they are for aesthetic reasons, this was why I failed to priorize to get them fixed. Yet, the other 2 problems are serious and for 2 years she has not said anything about it. Ex: According to her, the heating vent is not working since she moved in, and second, she complains of a missing window on her children's bedroom. But, there is really no window, because the second bedroom is used to be part of a spacious living room, and we turned it into a bedroom. There's a wide open space between the divider wall and the ceiling, and a lighting is provided in that room. So, I don't understand. I will follow her request of repairs but I find the last absurd.
1 Answer from Attorneys
Re: Month-To-Month Tenant Refuse To Honor Rent Increase
If your lease requires a 60 day notice, then you must give a new notice, withdrawing the old notice and starting over. Because you started with a lease, the provisions of that lease generally continue in effect going forward even after the term may have lapsed. You can, however, give her a notice (look in the lease for notice provisions for modification of the lease) of change of terms to reduce the notice period to 30 days for rent increases. Make sure, however, that she does not have any remaining term on her lease before you seek to modify it.
It is often the case that a tenant will demand repairs that they have lived with after getting a rent increase notice. The thought on the part of the tenant is that if they fly under the radar, maybe you won't increase their rent. When you finally do, all sorts of "problems" emerge. You need to evaluate each of these four repair claims and decide if they are (1) habitability issues, or issues you agreed to fix when she moved in but haven't, and (2) if they are health & safety issues. A heater vent not working can mean a lot of things, and that's one I would resolve fairly quickly if I were in your shoes. The two aesthetic issues are really only an issue if they existed when she moved in and she did not agree to accept the property with those issues. Finally, the converted bedroom could be an issue - did you get permits to make the conversion? If not, I'd keep your tenant happy and fix it. Reason being a call to the City might create real headaches for you. I hope this helps.
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