Legal Question in Landlord & Tenant Law in California
Rent raised before lease is over
I had a 1 yr lease agreement from 11/1/04 to 10/31/05, after which it would be month to month.
My landlord sent me a written notice on 7/25/05 stating that my rent would be raised after 9/1/05. I called the landlord's office to explain that my rent cannot be raised in the middle of my lease term. The office person verbally told me to disregard the written notice.
It is now June 2006. I am renting month to month now at the same original rent, and just received a notice stating that I have an outstanding balance because I have not paid the full rent amount for the past 9 months, citing the written notice that they had sent to me (before my 1 yr lease was up, and even though I was told to disregard that notice).
My questions are:
1) Is this outstanding balance legal?
2) Am I liable for any monthly increases after 10/31/05? They told me to disregard the increase notice, and they have never sent me any other notices notifying me of an any increases.
Thank you for your help.
1 Answer from Attorneys
Re: Rent raised before lease is over
Answer to Question 1: Is this outstanding balance legal? No. It is based on a notice that was served during the term of the contract. If the LL insists that the notice is valid, then you have a cause of action for breach of contract against the LL.
Answer to Question 2: Am I liable for any monthly increases after 10/31/05? Not if you were not properly served with a Notice of Change in Terms. And back in 2005, a 60 day notice would have been required, since the lease term was for one year.
Contact a lawyer if the LL gives you any trouble. Good luck.
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