Legal Question in Landlord & Tenant Law in California

Rent Increase/ Security Deposit

COUNTY of Los Angeles 90044

I have been in the same residence 26 years.

This is the 3rd owner of the property, this owner gave me notice in Nov 2007 my rent will increase $400 to $1350 Eff. 01/01/08 and they want a Security Deposit of the same amount due 01/01/08. I was never asked by any other owner for deposit.

Can they increase me that amount? and do I have to pay the Security Deposit after all this time?


Asked on 1/02/08, 10:44 pm

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Rent Increase/ Security Deposit

The rent can be raised to any amount. you do not have to stay.

The new landlord can required a deposit no more than two times the monthly rental.

Sorry!

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Answered on 1/03/08, 6:24 pm
George Shers Law Offices of Georges H. Shers

Re: Rent Increase/ Security Deposit

Yes, the rent can be increased since you are not in a rent controlled city. that is the big disadvantage of renting and not owning; if your rental period is no more than month to month, then every month you are starting out a new as to the rental amount. On the other hand, in the Bay Area rent of $1,350 per month might be the average for a one bedroom condo in an okay neighborhood. My guess is that your residence is much better and the landlords have been generous with yo in not raising the rent to market value.

As to the security deposit, that really is security for payment of the last month's rent if you should leave. Ido not think that that can be raised, even if it was always zero. I am sure that the landlord knows that unless he raises the rent too high, yo will continue to live there until you die. There really is no need in your case to have a rent deposit. Tell the landlord that you have been told that and unless he can show you some law supporting his position [if you had put up $300 years ago, could he demand it be increased--doubtful] you rather keep the money on hand if you should need it. Be nice but firm.

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Answered on 1/02/08, 11:25 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Rent Increase/ Security Deposit

If it is not rent controlled, State law allows the landlord to give 30 day notice changing the terms of the tenancy. In that case with proper notice they can change the security deposit obligation, except that under state law the security on a residence cannot exceed 2 months rent.

If there is rent control, call your local Rent Control board.

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Answered on 1/03/08, 4:59 pm


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