Legal Question in Landlord & Tenant Law in California

I have a question regarding Civil Code 827. I was informed (by an attorney on here) that it does not apply to my situation because I have a 12 month lease. I thought it would apply because my lease turns into a month to month lease per my lease agreement and the landlord's increase takes effect after the 12 month lease is over and it increases the month to month payment. It seemed to me it was an increase in a month to month rate and it would apply. They are increasing my month to month rate by greater than 10% and I thought they would have to give 60 days notice. I just want to confirm that this code does not apply. Thanks!

Asked on 3/19/11, 4:41 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Civil Code section 827(b) says, "In all leases of a residential dwelling, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may increase the rent provided in the lease or rental agreement, upon giving written notice to the tenant, . . ." What you are failing to understand if you are even asking this question, is that they are not raising your rent under any lease. Your lease is expiring. They are offering you the choice of two new leases when it expires: a new term lease or a month to month. Until you accept their offer to enter into a new month-to-month lease, you are not in a lease "from week to week, month to month, or other period less than a month." The fact that you make a monthly payment on your current year-long lease does not make it a lease from "month to month," and they are not raising the rent under that lease anyway, since it expires before any new rent would be in place.

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Answered on 3/19/11, 5:17 pm

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