Legal Question in Landlord & Tenant Law in California
rent increase notification
Hello: I have a house that I rent out. The current tendant in the house has been there for about 9 years without an rent increase, and signed a lease on move in. However the lease has never been updated. My expenses are increasing, and I would like to increase the rent. The renter rents month to month basis and no changes to the lease have been made over the past 9 years. I'm currently looking for a way to raise the rent. Is there software I can use to do this purpose that would meet my needs and legal needs? I know that you are only supposed to raise the rent a certain amount and over a certain period of time. What are the rules and legal rights in rent increase and how would I do it? Are there forms I can download or use or software to purchase to help manage the issues ( rent increase and the others that arrise)?
How do I figure out what I can and cannot do according to the law of CA? Questions: What does the letter of rent increase need to include or say? What should the letter not say or include? What is the percentage of increase that I can increase the rent? How much notice do I have to give the renter? How do I notify the renter? What does the letter have to say and what can I not say? Thanks.
2 Answers from Attorneys
Re: rent increase notification
In further response, you might want to look at California Civil Code section 827. It has to be at least 30 days (if by mail, 35 days). If the increase is over 10 percent, it must be 60 days (if by mail, 65 days). If it's Section 8, it's 90 days (plus 5 more for mail).
Re: rent increase notification
It depends on whether the property is in a rent stabilization area. Since the rental is now month-to-month, if not rent stabilized, you can raise it to the extent that is reasonable. If it is rent stabilized, then check with your city/county housing department. Ideally, a landlord should give the tenant at least 30 days' written notice before the next rent check is due. Keep a copy of the notice. If there are any other changes, such as the tenant has to pay the water or electric bill, gardener, etc., that also should be included. Don't be surprised if the tenant calls, angry, etc., and threatens to move. Certainly, if rents in the area are higher than the tenant will be paying and there are willing potential tenants at an even higher rent, then the tenant will have a choice to make.
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