Legal Question in Landlord & Tenant Law in California

I have a question regarding my residential apartment lease. Specifically, I have a question regarding Civil Code 827.

My 12 month lease began 4/29/10 and my first month's rent was about $700 as a special promotion and each month thereafter it was $1,650. The landlord sent me a notice via first class mail dated 3/16/11 which explains the terms of a rent increase that will automatically take effect on 4/30/11 if I do not respond in writing by 3/29/11. My lease specifies that my rent automatically turns into a month to month lease as of 4/30/11. The new rental rate that it automatically becomes is $1,970 which is clearly greater than 10% and requiring 60 days notice (plus 5 days for the mail) based on the code. However, the landlord contends that because I could maintain a lower than 10% increase if I sign a long-term (6-12 mo.) lease I am not entitled to the 60 day protections under Civil Code 827. I explained that if that was true they could provide a low cost 20 year or so lease (and ask for my first born son) and they would never have to give 60 days notice. Are they correct? Is 60 days notice so easily avoided?

So the landlord has provided a notice via first class mail that takes effect at the earliest on 3/21/11 (assuming it was sent via mail on the 16th) and is demanding that I provide them an answer in writing by 3/29/11. If I do nothing my lease specifies that my rent will automatically increase to $1,970 from $1,650 on 4/30/11 . I have what amounts to five business days (8 total days) to make a decision. Do I actually get 60 days (65 for mail delivery) or have they complied with the code?

Also, I explained my understanding of the code and they said that I was wrong and that they do with with ALL their leases and it's 100% permitted. If it's not permitted what remedies do I have?

Thanks.


Asked on 3/18/11, 11:54 pm

1 Answer from Attorneys

You are confusing a provision that applies to rent increases under an existing month-to-month tenancy, with your rights at the end of a year-long lease. Your lease is up at the end of April. You got notice of that when you signed the lease. They do not have to offer you anything or give you any further notices. They can just have you evicted if you don't move out by the end of your lease. Since they would rather not have a vacancy and have to find a new tenant, and you presumably would rather stay than move, they are offering you two options for a NEW rental agreement - a month-to-month at $1,970, or a new 6-12 month lease at a lower amount. They don't have to give you any amount of notice when making you an offer of a new contract that they do not even have any legal obligation to make. If you were to accept the month-to-month offer, section 827 would then apply to any further increases, but it would not apply if you sign another long term lease and it has no application to the present situation.

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Answered on 3/19/11, 2:16 pm


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