Legal Question in Landlord & Tenant Law in California

Rent Increase per Market Rate

We live in an Irvine Apartment Company, for 4 years. 1st year we paid $1695 rent while the so-called market rate was $1635. The 2nd year, the wanted to increase our rent another $50, but we argued with them, and after pointing out new tenants were being charged less, our rent was changed to a reasonable $1645. Years 3 and 4 saw $10 increases (in part because we were model neighbors, even awarded ''Neighbor of the Year''). New mgmt wants to increase our rent to $1755, stating 'market rate' as the reason. Other IAC apartments in the immediate area are going for less, and more importantly, mgmt has reduced their flat $100 increase per apartment to $50 with other tenants. When this has been requested, she has stated she is unable to do so (ie, reduce to $50 increase) anymore. Is this legal? Aren't tenant increases supposed to be uniform - across the board? Should we contact upper mgmt? or just go through the hassle of moving out? ''Market rate'' is set by IAC, and changes more frequently than the market rate price of lobster! Please help!


Asked on 1/08/06, 2:49 pm

1 Answer from Attorneys
Randy Schlosser Law Office of RM Schlosser

Re: Rent Increase per Market Rate

Increases in rent in non-rent controled areas are solely subject to contract negotiation between owner tenant. The only problem may occur when the owner/mgt varies rent based on specific bias', such as race, creed, sex, etc... Absent such bias, the owner can charge whatever he wishes and the tenant can accept the rent or negotiate a lower rent, or move.

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Answered on 1/08/06, 11:10 pm


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