How Much Notice Should a Tenant Get of a Rent Increase
My question involves landlord-tenant law in the State of: California
After leaving in the same condo for 4 years, last December there was a change of property manager. This new property manager decided to increase the rent. After 8 month she decided to increase the rent again.
Here are the numbers...
Rent in December 2013: $1,425
Rent in January 2014: $1,600
Rent she expects to collect in August 2014 (with 30-day-notice): $1,725.
In 8 months she is increasing my rent by more than 20%. Doesn't she need to give me a 60-day-notice? She refuses to...
Re: How Much Notice Should a Tenant Get of a Rent Increase
The general rule is that if the total rent increase is over 10% over the course of a 12 month period, you are entitled to 60 days notice, and if it's 10% or less you are entitled to 30 days notice. Other statutes or rent control ordinances may apply.
Quote:
Quoting California Civil Code, Sec. 827(b)-(c)
(b)
(1)
In all leases of a residential dwelling, or of any interest therein,
from week to week,
month to month, or other period less than a month,
the landlord may increase the rent provided in the lease or rental agreement, upon giving written notice to the tenant, as follows, by either of the following procedures:
(A) By delivering a copy to the tenant personally.
(B) By serving a copy by mail under the procedures prescribed in Section 1013 of the Code of Civil Procedure.
(2) If the proposed rent increase for that tenant is
10 percent or less of the rental amount charged to that tenant at any time
during the 12 months prior to the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months prior to the effective date of the increase, the notice shall be delivered at least
30 days prior to the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail.
(3) For an increase in rent
greater than the amount described in paragraph (2), the minimum notice period required pursuant to that paragraph shall be
increased by an additional 30 days, and subject to Section 1013 of the Code of Civil Procedure if served by mail. This paragraph does not apply to an increase in rent caused by a change in a tenant's income or family composition as determined by a recertification required by statute or regulation.
(c) If a state or federal statute, state or federal regulation, recorded regulatory agreement, or contract provides for a longer period of notice regarding a rent increase than that provided in subdivision (a) or (b), the personal service or mailing of the notice shall be in accordance with the longer period.
As you are describing an aggregate rent increase of well over 10% within a 12 month period, you are entitled to sixty days notice; you should also check for rent control ordinances and consider whether other laws apply (as would normally be the case if you are, for example, in subsidized housing).
Re: How Much Notice Should a Tenant Get of a Rent Increase
Thanks! That's my understanding of that. I emailed with property manager once again showing her all the numbers and I'm just waiting to hear back from her. Wish me luck!!
Re: How Much Notice Should a Tenant Get of a Rent Increase
Re: How Much Notice Should a Tenant Get of a Rent Increase
I heard back from the property manager after more than a week and here's what she said.
Sorry this has taken so long. I just reviewed the terms and there are 2 ways we can look at this.
1.) You as an existing tenant- If this is the case, then you owe $332.50 for underpayment of rents last November when your roommate moved out and you didn’t pay the full amount when you decided to stay.
(this is not exactly right. When my previous roommate gave a 30-day notice to move out she started taking care of this property and didn't contact me until 2 weeks before this roommate had to leave, telling me that she was the new property manager and that I had to leave because my roommate had sent that note. I had to hire a lawyer and she finally understood I could stay and look for another roommate but when I told her I had one she decided to increase rent by 12% so this new prospective roommate decided to look for another place. I had less than 2 weeks to find a roommate so I asked her if I could have 2 weeks paying only my part of the rent, since I lost the roommate I had found because she didn't contact me in a timely manner telling me she was the new property manager and that the rent would go up)
2.) You and (current roommate) are in a brand new lease that began month to month Jan 2014.
I was going with #2 since we didn’t renew the existing lease, I gave you a break on November rents and we started fresh with a brand new lease with you and Sunny in Jan 2014.
So in my mind I didn’t raise rents, we started a fresh lease with new tenants together on a month to month lease. Month to month means only 30 day notice is needed.
But I can see how this can be looked at in more than one way. So I’ll let you choose how you want to do this. But you don’t get the benefit of both ways.. you have to pick.
If you want option #1 you will owe the back rent and we will start the new rent 60 days from notice instead of 30.
If you want option #2 you don’t owe back rent and we start the new rent per the change notice based on a new lease in Jan.
I just want what is legal and fair to the tenant and to the owner. Let me know your thoughts.
I've been renting this place for almost 5 years. Does it matter that we started a new lease on January 2014 to give me a 30-day notice when the rent she expects to collect is 21% higher than 9 months ago?