Legal Question in Real Estate Law in California
Roommate leaving, can the rent be raised?
The building I live in was sold to new owners. My rent was increased by 3% in May 2000 (the building is under rent control). Now my roommate is moving out and I wondered if the owners are entitled to raise my rent again, as we will have to create a new lease. Also, what if I didn�t get a new roommate, can they raise it then?
Thank you.
2 Answers from Attorneys
Re: Roommate leaving, can the rent be raised?
I won't attempt to answer the entire question, since I do not practice in the area of rent-controlled apartment leases. However, I would suggest that you not jump to the conclusion that you necessarily must have a new lease. Many leases can be assigned or assumed or the premises sublet without voiding the old lease or the necessity of any negotiation with the landlord. Read the lease, then see a local expert.
Re: Roommate leaving, can the rent be raised?
Check with the local rent control board to get a copy of the rent control rules for your area. They may well set forth the rules regarding what is to occur when a co-tenant under a lease leaves. Also refer to what Mr. Whipple had to say in his reply to your question.
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