Legal Question in Landlord & Tenant Law in California
A Notice of Change of Terms of Tenancy (Civil Code Section 827) was place on my door on January 26, 2016. It states : Notice Is Hearby Given that, pursuant to the agreement by which you hold possession of the premises know as ( it states my address in California). At the expiration of 13 days after the service on you on this notice, the terms for the said agreement shall be changed as follows: Effective February 1, 2016 the rental of said property will be the sum of $2495.00 per month which is a $400.00 increase over the current rental rate. Any other changes in terms are as follows: None It is dated 1/18/2016 and signed by my landlord. I am currently on a month to month lease. My lease expired 10 years ago and I have been on a month to month every since. My first question: I thought my landlord has to give me at least 30 days notice and if over 10% 60 day notice? 2. My understanding is that the notice must be be hand delivered? 3. What is (13) days? 4. If 13 days is law I did not receive this notice until 1/26/2016. (as stated before it was on my door)Thirteen days from 1/26/2016 is February 8, 2016. 13 days from 1/18/2016 (dated notice is signed) is Feb. 1, 2016.
1 Answer from Attorneys
You are correct. The notice can only take effect 60 days from delivery. However, posting on your door is adequate delivery unless your rental agreement contains a notice clause providing some other specified method.
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