Legal Question in Landlord & Tenant Law in California

rent increase notification

How many days notification does my land lord have to give me of a rent increase?My lease expires at the end of the month,I have received no written notification of an increase,but the apt.manager made a comment in passing to me yesterday''sorry about the rent going up''when I said ''What?!'' he said he'd talk to me later.


Asked on 3/10/09, 10:22 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: rent increase notification

Rent increase notice, outside of the term of your lease (which I assume he is talking about increasing your rent after your lease expires) must be given on the same term as your lease agreement. When your lease expires, unless the lease says something different about the term on "hold-over", you become a month-to-month tenant on the same terms as the original lease, as it may have been amended or modified while in existence (rent increases, etc...). The "hold-over" section of your lease (if there is one) may already define an increase upon the expiration of the lease - so go back and read your lease. Assuming there is no hold-over section, you now become a month-to-month tenant, and it takes only one month's notice to change the terms of your tenancy in any way they see fit, except a termination of your lease, which will take 60 days notice assuming you have lived there for a year. The notice generally should be in writing, but I have seen landlords prevail on an oral notice of change of terms of tenancy - very rare.

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Answered on 3/10/09, 1:33 pm


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