Legal Question in Real Estate Law in California

how to raise tenants rent

Hi,

Wife and I just bought a duplex and would like to know if their is a ''legal'' way of letting the tentant who's been in the unit for about 2 years that we are raising the rent within about a month period.?


Asked on 12/30/06, 4:37 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: how to raise tenants rent

There are two quastions anyone advising you would need to have answered:

First, is the duplex in a rent-contolled area? Since rent control ordinances are local in nature, you would need local advice, perhaps from the city rent control board; many give free impartial advice to landlords.

Also, it's necessary to know the basis of the tenancy - whether it is pursuant to a month-to-month rental agreement, a lease for a definite term, or possibly soething else. The previous owner should have given you this information along with information about the tenant's security deposit (which xhould either have been refunded to the tenant at close of escrow, or turned over to you with notice of that to the tenant.

If there's no rent control and no lease with a longer remaining term, all you have to do is give the tenant 30 days' prior notice in writing.

See Civil Code section 827 for details, or get one of those paperback self-help law books on how to be a landlord.

Note that a change in ownership does not disturb a pre-existing lease. Any rights your tenant has under a lease made with the previous owner remains in full force and effect unless it contains a termination-on-sale clause, which is very unusual.

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Answered on 12/31/06, 11:54 am


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