Legal Question in Real Estate Law in California
Can my landord raise my rent?
I am a tenant who has been renting an apartment for a year and six months. I have a
one year lease. In reading the lease more carefully, I have found it contains a "hold over" clause which states,"Any holding over at the expiration of this lease shall create a month to month tenacy at a monthly rent of $1000.00 payable in advance. All other terms and conditions herein shall remain in full force and effect." Because of that I am under the belief that I have a monthly rent of $1000.00. Two weeks ago I found a letter by my front door. It was not mailed. My landlord informed me that while my husband and I were great tenants, she had to increase our rent by $75.00 because of rising costs (of what?) Do I HAVE to pay this increase? If I don't what are the repercussions? This is also making me want to move, so how much notice do I need to give her?
1 Answer from Attorneys
Re: Can my landord raise my rent?
The holdover clause made you a month-to-month tenant at $1,000 a month. The landlord has the same right to raise your rent as with any other month-to-month tenancy, i.e. by giving advance notice, as she has done. The landlord seems to have acted within her rights, unless you live in a rent-control area.
A $75 increase after 18 months works out to 5% a year, which is not unusually high in today's market. The 'rising costs' the landlord alludes to are, however, mainly the potential cost to you to move elsewhere.
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