Legal Question in Real Estate Law in California
Rent Increase
I have recently been notified that my rent will be increase $590. I am not in a rent controlled area. The way I was served this notice with only 45 days was a piece of paper was left in my mailbox not even in a envelope. I do know that it needs to postal delivered if not personally delivered. I notified the owner of this and the amount of time being incorrect and she mailed a piece of paper saying she extended the amount for 30 more days. Now if the original notice was delivered incorrectly with the incorrect amount of days notice is this extension of time a legal document? I would think that the orginal would be considered inactive for being incorrect is it?
1 Answer from Attorneys
Re: Rent Increase
I'm not absolutely sure, but in general if a notice is improperly given, but you admit that you nevertheless received it, you have waived your objection to the improper method of notice.
This general rule does not apply in situations such as exercise of options, where the law requires strict adherence to the method and time of notice provisions in the option, but in many other situations the method of notice requirement is there for the primary purpose of assuring that notice will be received, and if you admit receiving it, as you have, I suspect a court would not allow you any protection under a method-of-notice law.
Some other attorney may know of a case showing that my hunch is wrong, but at least I'd caution you that you may not be able to rely upon the informality in giving notice since the notice, as given, gave you actual and timely notice of the increase.
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