Legal Question in Landlord & Tenant Law in California

Unlawful detainer / 3day pay or quit/ and rent increase

First off I recieved a 10% rent increase dated 4-25-05, to be effective on June 1st 2005, Is this legal? I thought it was 60 day notice. Secondly, recieved a 3day pay or quit,served on 5-9-2005 we paid partital on 5-12-2005with in 3-day period and the rest on 5-13-2005, she accepted this rent with late fees as stated on the 3-day or quit. Doesnt she have to start over? Today we recieved a Unlawful Detainer dated 5-13-05 with courts, is this legal since she has her rent for this month as well as her late fees as stated on 3-day notice.

Please contact me I really need to know if I have a case with her or not I am planning to be out of here by the 1st of June,2005. I do can not afford to pay for the filing of the Answer or take time off work, to go down to court house.

Thanks in advance--name removed--


Asked on 5/16/05, 8:44 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Unlawful detainer / 3day pay or quit/ and rent increase

If you do not defend yourself, she could get a judgment against you which could appear on your credit history. The fact that she accepted the money does create a situation of defense for you. But if you are not there, she can tell the court anything she wants, and then you will need to hire an attorney to go back and challenge it.

Regarding the rent increase, rent can be increased up to 10% with 30 days notice. Anything above 10% requires 60 days.

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Answered on 5/17/05, 7:31 am


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