Legal Question in Landlord & Tenant Law in California

If I have a month to month sub-lease can they raise the rent within 2 months? My agreement did not indicate when or how often she would raise the rent.what is the percentage cap of what they can raise the rent? Do i need to get a new agreement?


Asked on 1/30/10, 12:00 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You do not indicate whether you are in a rent control city or not. If you are, normally the sub-lease is under the same controls as the master lease, but you have to look at what the exact regulations are. If it is not a rent control location, then the master tenant [person who has the lease with the landlord] can raise the rent any amount any time as long as they gliven 30 days wriltten notice [I am not sure once you have been a tenant for one year whether it becomes 60 days notice instead, but that is irrelevant to you]. The only way you can protect yourself against a raise in rent is to have a longterm lease, but that only protects you during the period of the lease. In your current situation, it is similar to your entering into a new agreement each month, so the terms can be changed each month.

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Answered on 2/04/10, 3:08 pm
Melvin C. Belli The Belli Law Firm

.George is right again! The key question is whether or not you live in a rent controlled area. If yes then they can't and if not then they can.

Good luck.

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Answered on 2/04/10, 5:39 pm


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