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?


Asked on 10/07/08, 2:42 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 10/07/08, 3:02 pm


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