Legal Question in Real Estate Law in California

Raising the Rent

Can a landlord raise the rent when ever

she sees fit because she sees more people living in the house than what is on the lease?Can she also come in any time she feels like it without giving a proper notification?


Asked on 6/30/01, 11:02 pm

1 Answer from Attorneys

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

Re: Raising the Rent

Tenants have a right to some privacy, and a landlord probably violates that right by 'spying' on a tenant or 'staking out' their unit. Casual observation of the number of people that seem to be living at a unit is probably OK.

A landlord must give reasonable notice before entering the tenant's unit. 24 hours prior notice is reasonable unless there are unusual circumstances in which longer notice might be required -- or, in an emergency, much less notice might be OK.

A landlord can raise the rent with sufficient advance notice, but not contrary to the terms of a written lease, if there is one. On the other hand, if you breach the lease by exceeding the permissible number of occupants, I suppose the landlord could accept additional rent in lieu of evicting you.

My advice is to negotiate somthing with the landlord so she/he/it is comfortable with the number of occupants and you are comfortable with the financial terms. Try to get it in writing and make it long term if you want to lock in a desirable rent. Working things out by negotiation is far better than enduring a cold war with the management or facing eviction and/or small claims court.

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Answered on 7/02/01, 7:00 pm


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