Legal Question in Real Estate Law in California

Re: evictions

Increasing your rent is permissible, so long as she did so with 30 days notice. If she did not, you can argue it was an illegal increase, however, you'll probably have to take her to small claims court to recover the additional rent you paid. As a month-to-month tenant, she doesn't have to give you any reason for a rent increase.

Second, she gave you a sixty day notice because that is now the law in California for month-to-month tenancies where the tenant has lived in the property for more than a year. I assume you have been there more than one year. Can she give you a sixty-day notice "without any excuse" - absolutely. That's the nature of a month-to-month lease - you only have the "right" to live there for a month at a time. Each month starts effectively a new lease, and at the end of any given month, the landlord can terminate it and require you to move. As to your final question, absolutely you have to pay the rent, unless you move out. If you are living there, you pay rent. Just because she is terminating your tenancy, doesn't give you the right to live there for free. If you stop paying rent, she will give you a three day notice to pay or quit, then evict you through legal process. You will have a very hard time getting another apartment with an eviction on your credit report.

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