Legal Question in Real Estate Law in California

rent increase

How much time is required by law for a landlord to increase a month to month rent amount? We have been given notice of a rent increase from $1000.00 to $1200.00 a month. We are on a month to month rental agreement. Is it 30 days per 10% of the rent amount? As in this case, 30 days notice for each $100.00 increase? Our landlord has given us 30 days for the entire amount. Is this legal? or do we have a time frame in which we have available to use? Thank-You.


Asked on 1/09/02, 4:29 pm

3 Answers from Attorneys

Wayne Smith Wayne V. R. Smith

Re: rent increase

30 days notice for everythingon a month to month.

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Answered on 1/09/02, 5:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: rent increase

The previous answer seems to be incorrect. In 2001 the law was amended to require 30 days' notice where the rent increase is 10% or less, and 60 days' notice where it is over 10%.

See Civil Code section 827(b) and be sure you are looking at the CURRENT code edition, not one published prior to 2001.

You can get the California codes at most libraries, all county law libraries, and on line.

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Answered on 1/09/02, 5:14 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: rent increase

The rent increase will be come effective the following month as 60 day notice is required for increases in rent over 10%.

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Answered on 1/10/02, 11:29 am


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