Legal Question in Real Estate Law in California
rent increase
my rent was increased $300.00 (to $1,250.00) within the last few months. i live in burbank, ca. to me, that much of an increase is unfair. i haven't received any type of home improvement to justify that much of an increase. what are my options? how can i fight back? thank you.
3 Answers from Attorneys
Re: rent increase
Assuming your prior rental payment was $950.00,and assuming your area is not governed by rent control, as long as they gave you at least sixty (60) days notice of the increase (it need only be thirty (30) days if increse is no more than 10% of prior rental payment), and assuming you do not have an unexpired lease for a stated term, they can legally increase the rent in that amount--or more--if they want. An increase does not have to be justified by improvements or refurbishing to the property, etc., and fairness has nothing to do with it. Property owners often increase rent because they have yearly increases on their property taxes and insurance each year, but they do not need to base it on any criteria. You can always elect not to remain there if you do not want to pay that monthly rent amount.
Re: rent increase
Unless you live in a rent controlled residence, and assuming your rental agreement is now month to month, you can only appeal to the landlord and negotiate or move. To increase the rent, though, the landlord is required to give you at least thirty days advance notice in writing.
Re: rent increase
To my knowledge, Burbank doesn't have rent control. State law requires 60 days prior notice for rent increases exceeding 10%, as this does. See Civil Code section 827. The law is written so that it cannot be skirted by dividing a rent increase into successive steps, each less than 10%. Ultimately, however, the market will determine how much the landlord can get. If the economy in Burbank is recovering enough, you may be facing higher housing costs even if you move; if not, maybe you should move or negotiate based upon a threat to move to a more reasonably-priced place.
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