Legal Question in Landlord & Tenant Law in California
Tenant Laws/ Rental Increase
I have rented the same property in
San Mateo County, Ca for over 13
years. The landlord is now raising
the rent 3% annually. Due to the
change in market the house will go
beyond fair market value. Do I have
any rights? Is this legal?
1 Answer from Attorneys
Re: Tenant Laws/ Rental Increase
First, as a general rule if there is no "rent control" where you live and you do not have a term lease which limits rent increases, the landlord can increase rents to whatever level he desires. Landlords usually will keep rents under or at market levels to avoid displacing residents, but there is no law that requires them to do so. If the landlord wishes to increase rents to a point where nobody wants to rent the property, then it is a foolish decision, but not one that runs afoul of the law. Its important to bear in mind that the current economic problems don't necessarily mean the rent for a home or business property should go down. In fact, there is presently more demand for rental housing in markets with high foreclosures and declining property values than at any time in the last many years, and under the economic laws of supply and demand, high demand and lower supply (becuase homes were taken out of the rental pool over the past five or so years as they were sold to first time buyers, and many are now REO properties on the market for sale, not rent) means rents can be higher than you might expect in this economy. Check with both the City and County to see if your property is covered by rent control. If not, and you have no lease, you are stuck with whatever the landlord decides for rent increases, or you can move.
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