Legal Question in Landlord & Tenant Law in California

Please help I got this from my landlord.

It is true that they can do whatever they want?

Please see below.

(No grace period and no lease...its a month to month now for which we could do whatever we want w/o notice..except to raise rent...let me find it..so you could send it to her w her 30 day notice..we were to lenient with this B! )

Thanks,

Navan Cheth


Asked on 9/16/09, 2:41 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The only material difference between a month to month tenancy created by law as opposed to a written contract and a rental period created by written contract is that the first type lasts thirty days and automatically renews every month and the second type lasts the period of time specificed by the parties. Otherwise, the rights and obligations of the parties remain exactly the same. Absent rent control, in a month to month the landlord can raise the rent, by giving thlrty days notice, as often and as high as he wants to.

Obviously, you should start looking for another place to rent as this landlord will be givlng you nothing but trouble.

Read more
Answered on 9/16/09, 3:03 pm

I concur with Mr. Shers. The landlord can change the terms of a month-to-month tenancy any time and in any way that does not violate the law, by giving thirty-days-notice (unless rent control says otherwise). If the tenant doesn't like the change, the tenant can only reply with a thirty-day notice that they will move out. If the tenant has been in the unit over a year, though, the time changes to 60-days.

Read more
Answered on 9/16/09, 3:31 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California