Legal Question in Landlord & Tenant Law in California
This is in regards to my previous question about amending one clause of the rental agreement. I appreciate Mr. Roach's answer, however I have a question: he said all parties have to sign the amendment. How come then tenants don't have to sign rent increase notices? Rent increase also amends conditions of the original rental agreement. What's the difference? Why in the case of amending the clause in the Agrment I need tenant to sign and when raising the rent I don't need tenant to sign?
2 Answers from Attorneys
It actually depends on whether you are on a month-to-month or under a lease. You can't change the terms of a lease in the middle without everyone signing the amendment. You can't raise the rent either. If you are on month-to-month, however, all you have to do is give notice of any change, rent or otherwise, and it is effective either 30 or 60 days later depending on how long the tenant has been in the property.
Rent increase notices cannot be given during the term of a written fixed term lease.
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