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  1. #1
    Join Date
    Feb 2010
    Posts
    15

    Default What to Do if Your Landlord Gives You Insufficient Notice of a Rent Increase

    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.

  2. #2
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Rent Increase, Improper Notice, Options

    Was there a change in your income or family composition?

  3. #3
    Join Date
    Feb 2010
    Posts
    15

    Default Re: Rent Increase, Improper Notice, Options

    Yes, I'm self employed and took a big hit to my income due to machinery breaking and not being able to use it for work.

  4. #4
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Rent Increase, Improper Notice, Options

    Look at 827(b)(3) of the Civil Code. Depending on the circumstances of your income change, they may be exempt from the 60 day requirement.

  5. #5
    Join Date
    Feb 2010
    Posts
    15

    Default Re: Rent Increase, Improper Notice, Options

    read that...i don't see how income comes into play in this case, as the change in rent has nothing to do with a change in income

  6. #6
    Join Date
    May 2016
    Posts
    5

    Default Re: Rent Increase, Improper Notice, Options

    The notice would be interpreted to start the increased rent on August 10, so the rent due August 1st would be the old rate prorated from Aug. 1 through 9 plus the new rate prorated from Aug 10 through 31. Unless you are planning to move in the next few months, it is best to work something reasonable out with the landlord rather than start a legal pissing contest over the notice and increase.

    June 11 - 31 = 21 days July 1 - 30 = 30 days, Aug 1 - 9 = 9 days
    21 + 30 + 9 = 60

  7. #7
    Join Date
    Feb 2010
    Posts
    15

    Default Re: Rent Increase, Improper Notice, Options

    I agree with you here on the timing, but I know this company and it will take a legal pissing contest to make anything happen in my favor, so I have to fight what I can before they'll back down.

    I can't find anything about burden of proof for notices like rent increases.

    If I pay normal rent 8/1, they'll tell me that my rent is now higher. I then state that "my rent cannot be higher than normal for 8/1 because to raise rent you needed to have properly notified me 60 days ahead of time of an increase, which you did not".

    Now they can't prove they notified me, I can proof they didn't...what happens?

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