Legal Question in Real Estate Law in California
Cal statues and rent control
1.) My landlord is claiming that he is raising my rent because of a recent legislation that allows landlords to raise rents any amount they wish to as long as 60 days notice is given. This has resulted in 16% increases for tenants that have been in the complex for any extended period of time. I have had a real estate agent claim that there is a 10% limitation to the increases allowed. I am attempting to acquire the written legislation allowing me to determine if my landlords are acting fully within their rights. Rent control is not active in my area.
Is anyone aware of any recent legislation that encompasses my landlords claims?
2.)I am considering starting proceedings to initiate rent control in my city. I have mentioned it to a number of people who are all willing to pitch in time/effort to get this going. I just do not know where to start. Any suggestions?
1 Answer from Attorneys
Re: Cal statues and rent control
The statute you refer to is probably Civil Code section 827, which was extensively amended in 2000.
CC 827 requires that a landlord give 60 days' notice to a tenant when the rent increase exceeds 10%. If the increase is 10% or less, 30 days continues to be sufficient. The section applies to month-to-month and shorter tenancies. Obviously, if there is a long-term lease, the provisions of the lease will govern up until its expiration.
Note that the new law tightens, rather than loosens, the restrictions on landlords. Under prior law, only 30 days' notice was required for any increase.
If you want to promote a rent-control ordinance in your community, I think the way to begin is to form a tenants' advocacy group that is well-led and has broad enough membership to command attention and respect. Then seek an audience with your elected council or board of supervisors members. You will probably want to meet with them individually at first to share views and get their positions. Some will be more sympathetic than others.
Check first to see whether there is any history of prior rent-control efforts in your town. Don't repeat past mistakes or follow paths that have been shown to lead nowhere. Also become familiar with the provisions of Civil Code sections 1947 and 1954.26 - 1954.31.
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