My question involves landlord-tenant law in the State of: Caliornia
on 6/11/16 I received a 60 day notice via mail that stated my rent would be increasing by 30%. Uggh! As I understand, California requires 60 days notice since the increase is over 10%.
I want to fight this to the end. I will be paying more than what other upgraded, larger units have been renting for in the complex, and far more than what the value is compared to the area. My place is a tiny, old, crappy, problematic cottage.
The letter sent was dated 6/1/16, and states
"in accordance with Civil Code 827, 60 days after service of this Notice, or August 1st (no year listed), whichever is later, your rent will be increased to blah blah. "
Issue: Letter dated 6/1/16 but postmarked 6/10/16. I received 6/11/16. That puts 60 days to 8/11/16 or so.
My intuition is to, once my 8/1 rent is due, to pay them my normal rent, NOT the increased rent. When they tell me it was not the correct amount, I tell them that if they wanted to raise my rent, then legally they needed to give me proper notice that conforms to Civil Code Section 827.
They will then of course say they did properly notify me, even though they clearly didn't. Where does the burden of proof lie for rent increase notice notification? Will they perjure themselves if they state they properly notified me?
Even though this notice is invalid, will they have to re-notify me with a new 60 days once I make it know this notice was invalid, or will the 60 days go back to the letter date? Or postmark date?
Silly, I know, but since it is worded rent will increase "60 days after service of this Notice, or August 1st, whichever is later", with no year listed, do I have a leg to stand on if I tell them that my understanding was that it was to be August 1st, 2017?
I realize I am grasping at straws and just buying myself some time, but I truly cannot afford a 30% rent increase right now. I am ok with a rent increase to fair market value, but 30% more for this place is RIDICULOUS. The management company here are true slumlords, using these same improper, greedy tactics to all of us in this 27 unit complex.
Any guidance is much, much appreciated.

