Legal Question in Real Estate Law in California

Increase in last months rent requirement

The lease I signed (month-to-month) for the house I currently rent was done in 1991. The rent amount then was $1550.00/mo. It has since been escaled to $2050.00/mo via two separate increases, done in writing but with no mention to the original document or it's terms and conditions. My landlord is now asking for the $500.00 difference between the original monthly lease amount ($1550.00) and the current payment ($2050.00). Is this request justifiable and legal? The landlord has already advised me that I will be receiving a 60 day notice shortly as she wants to move back into the property for two years and then sell it. The amount of my initial payment (first, last and security) was $6350.00 and would certainly cover the additonal $500.00 she has requested. Please advise my best course of action.

Thank you


Asked on 10/05/03, 2:27 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Increase in last months rent requirement

It is my recollection that the maximum amount that a residential landlord could collect for a security deposit, regardless of what they called it, was two time the monthly rent. Two time 1550 is about 3100, if my math is correct. Unless the law has recently changed the original deposit appears to be excessive. Check Nolo press to see if they have a book on renter's rights that is current. If Nolo press does not have such a book then check the local law library for a book on eviction defense. The statutory provisions for residential rentals in contained in the Cailfornia Civil code. The code is available on line and can be searched by topic.

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Answered on 10/07/03, 12:50 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Increase in last months rent requirement

I do not understand your landlords actions. If she retains the unjust increase, you can pursue small claims to ask for your funds back. Advise her you do not accept her claim. She already wants you out in sixty days, not much to lose.

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Answered on 10/06/03, 11:25 am
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Increase in last months rent requirement

I concur with the others' comments, particularly on the security deposit. The size of the amount will keep you out of small claims court for all but the first $5,000. But, if you are a month to month tenant, his demand amounts to an excessive future rent increase, disguised as a demand for "back rent". He has no right to such back rent. Just refuse to pay and move out within 60 days. No prospective new tenant is going to pay that if it is beyond fair market value. He might back off if you respond firmly, but don't count on it. Counter by demanding he reduce your security deposit to the legal limit.

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Answered on 10/07/03, 6:27 pm


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