Legal Question in Landlord & Tenant Law in California

A friend in Marin County, CA was told via a letter she received yesterday (6/18) that as of July 1st her rent would increase to $1200.00.

Can the landlord legally raise her rent with only a two week notice?


Asked on 6/19/10, 2:14 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Assuming she is a month to month tenant, the contract controlling the rental can only be changed when it is renewed. So the landlord must give thirty days written notice. The lease does not expire until 7/1, at which time she has not gotten 30 days notice so the landlord must offer a lease for the whole month of July at that current rent, or one in which the rent remains at the current one until the 30 days is over and then goes to the new rent. If it is a one year lease, it ils stil a 30 day notice but it does not take effect until the full year of the lease has run.

Read more
Answered on 6/19/10, 5:56 pm

Mr. Shers is wrong in the details of month-to-month tenancies, but correct that two weeks is not legally sufficient notice of the rent increase. If a tenant has been in a property for less than a year, month-to-month tenancies can be terminated or modified on thirty days notice. If the tenant has been in the property for more than a year, sixty days notice is required. Notice can be given mid-month, however, because we do not really have month-to-month tenancy in California, but rather "tenancy at will." If the notice is given mid-month the rent must be prorated for the next month.

One other possiblilty from your question, however, is that your friend is on a true lease for a term longer than month-to-month. If the lease is coming up for renewal, you whould have to look at the lease document to see what terms it has about notices. If it does not contain any renewal notice provisions, the landlord can offer a renewed lease at whatever rent he wants with whatever notice he wants.

Read more
Answered on 6/21/10, 11:22 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California