Legal Question in Real Estate Law in California

I need help with a tenant. My small property has two units and is in a RENT CONTROL area in Los Angeles. My tenant has a month to month agreement and has been in the unit for over 3 years. Our agreement states that monthly rent is due on the 1st but states a late charge will be collected if rent is not paid within 2 days after it is due. She pays usually at 7pm on the 3rd of each month. As allowed, we increase her rent under LA laws once a year and have written in this rent increase letter that rent is now due on the 1st of the month and late on the 2nd. She contests that we cannot change the terms of the agreement. IS THIS TRUE? When looking on the web it says we can amend the lease (except the rent amount) as long was we give a 30 day notice. Can you verify and concur? We'd also like to request that it be paid before 5pm on the 1st. Can we make these types of amendments to our rent control month to month lease?

Thank you for your reply.

Cathy James


Asked on 6/30/15, 3:18 pm

1 Answer from Attorneys
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

Legally, any change to the lease must be in writing and requires 30 days advance written notice. Changes can be made even under rent control, but the rules restrict what you can and can't do. You should probably have your lease reviewed by a local landlord tenant attorney to make sure you are not violating any rules. Any violation can bring penalties.

Practically, she has been a tenant for 3 years and does pay, albeit generally two days late. Why would you want to create problems. Any action you might take against a rent control tenant could be seen as a hostile act and could result in some action being taken against you.

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Answered on 7/01/15, 7:49 am


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