Legal Question in Landlord & Tenant Law in California
Ok I will answer your previous questions but they seem irrelevant to the issue I have at hand. I am in Stockton CA. My lease ended at the end of August and we originally were given 30 days notice which I informed the landlord was not legal as it was more than a 10% increase and this requires 60 days notice. I know she can legally raise the rent but my question is can she do it just to force us to move out? She dropped the rent back down to what we were paying immediately after we vacated the premises.
1 Answer from Attorneys
The raising of the rent from $1,350.00 to $1,950.00 was more than a 10% increase in rent. That required 60 days notice. (Civ. Code, sect. 827, subd. (b).) The 30 day notice was improper.
If the apartment was in Stockton, then there is no rent control ordinance, which was voted out in April of 1951. You say that you live in Stockton, but it is not clear whether the rental unit was in Stockton, so I'll just assume that it was.
You do not provide any details about your written lease. The fact that the landlord lowered the rent again is not in and of itself illegal. Outside of rent control, only the contract and Civil Code section 827 govern the rent that a landlord may charge.
Are you this difficult about giving information when you go to the doctor?
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