Legal Question in Landlord & Tenant Law in California

Rent Increase for Apt, in SJ,CA

This September will be 4 years since I lived in Union Park APt. 1977 Heimgartner ln, San Jose, Ca 915124. I got my first rent increase and it is 14.5% Being in a rent control city, knowing they can only raise the rent 8% a year, can they raise it to 14.5% to make up for the other years they did not raise it? this has be thinking they should follow the 8% as it was there choice to not to raise it and I don't feel they have a right to raise it higher than what it is per year, 8%

Please let me know, as I just got this notice and I need to know if I am correct in this before I talk to them. Thank You


Asked on 6/21/08, 4:24 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Rent Increase for Apt, in SJ,CA

If your City has rent control, then it also has someone in charge of rent control and/or a rent control review board. I would contact the City right away, and ask to speak with someone who handles rent control issues. They are your "free" advocate for handling rent control issues. Good luck!!

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/23/08, 1:38 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Rent Increase for Apt, in SJ,CA

It is difficult to answer because of all the law suits.

However, 8% appears to be the maximum.

If I were you, I would discuss this with a San Jose attorney familiar with the particular situation.

Good luck!

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Answered on 6/21/08, 7:22 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Rent Increase for Apt, in SJ,CA

You might talk to the rent board, first, not to make a complaint but to find out the law. Then, if it's as you believe it is, talk to your landlord in a nonconfrontational way and explain that 8% is all that's permitted. If you have a brochure from the rent board that explains this, you could show it to your landlord.

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Answered on 6/21/08, 7:26 pm


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