Legal Question in Real Estate Law in California
Greater then 10% rent increase
I have a question hopefully someone can answer for me. My six month lease expired one month ago and I am now on a month to month term, my landlord is now telling me that my rent has increased from 995.00 to 1115.00 a month effective 30 days from my lease expiration which is this month. My question is I read that if the landlord raises the rent more then 10% then I have to get a 60 day notice, which if true means I do not owe the new rate till next month. Is this correct? Do I have to be givin 60 days notice if they raise rent from 995.00 to 1115.00?
Thanks
--name removed--
3 Answers from Attorneys
Re: Greater then 10% rent increase
Your landlord's proposed increase does indeed exceed 10% and therefore you must be given at least 60 days' prior notice. The maximum increase with 30 days' notice would be $99.50 a month, or to $1,094.50.
Re: Greater then 10% rent increase
Under California Civil Code Section 827(b), a landlord can raise the rent 10% or less above what was paid in the past 12 months with a 30 day notice. Over 10% does require a 60 day notice.
Re: Greater then 10% rent increase
When you are on a month to month the landlord must give you a 30 day or 60 day notice when your 30 days are up, and you hand the landlord the rent. When you tender the rent the land lord may not tell you that the rent just went up right then, or the rent went up retroactively.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
