Legal Question in Real Estate Law in California

Re: Rent Increase on a lease

The answer to this is going to lie "within the four corners of the document." In other words, the lease agreement, itself, would have to be carefully examined to determine if the landlord has the authority to do this to you. My guess is (and you say there is no such contrary provision) that you contractually obligated yourself to a certain rent, and the landlord agreed to accept that specific rent for the term of the lease. IF that is the case, the property owner would be in breach of the agreement if he demanded an increased rent, and your duty would be to pay only that for which you bargained. I would suggest having the lease looked over by an attorney, who could determine whether there are any "weasel" clauses that allow the landlord to bump it up before the end of the lease term. Such a clause would be rather unusual, though not unheard of, and I think you could identify it pretty readily.

Re: Rent Increase on a lease

No, he/they can't raise your rent. This happened to me at my law office. When I pointed it out to the manager, she admitted it was a mistake and was very apologetic. In your case it may also be a mistake if the property you're in has a high proportion of month-to-month tenants. You should politely but firmly point out to your landlord that you have a fixed-rental lease and you assume a mistake has been made. If he claims it's not a mistake, insist on an explanation. If you don't agree with the explanation, get it in writing so if you're sued in small-claims court you have something to show the judge. A demand for a written explanation will also force the landlord to take a close look at his own position.

Re: Rent Increase on a lease

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, Tenants'

Rights, and Juvenile Dependencies, and EDD

hearings and appeals, as well as information

about me (education, experience, et cetera)

and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

One of the most common reasons for entering into

a lease is to have stable (or at least predictable)

rent. The answer to your question is in the lease

itself. Read it word by word, or have an attorney

review it. Then contact the landlord and explain

why you will be continuing to pay the amount of rent

specified by the lease.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.