Landlord intends to raise rent - advance notice?

Question

Okay, so if you look at my questions, you can tell, we all hate my landlord. Anyway. He intends on raising rent $200 - $400 within the next 2-3 months I am hearing. Anyhow, I reserached the laws in California and it said that IF the increase is MORE than 10% of the LOWEST rent paid in the last 12 months, then he has to give us 60 days notice.Well, 10% of $1200 IS $120 so yea, his intended increase IS MORE than $120. Am I right? He is telling everyone that he only has to give a 30 day notice?? WTF?

Stupid answers will be given a thumbs down - I AM ASKING WHICH IS CORRECT - A 30 DAY NOTICE OR A 60 DAY NOTICE. I was told 2-3 months. another tenant was told beg of next year which is NOT 2-3 months.

Our apt complex is in San Mateo county, California. There are no rent controls here, unfortunately.

The $200- $400 increase is for all units based on the additional costs he has incurred, he will tell every unit what their increase will be. There are 54 units total.

Answer 1

It sounds like you've done your research and can answer this question on your own. That being said, consult with a lawyer or real estate agent to make sure this is correct and make sure that the other people that live in your apartment complex know their rights. Also, make sure you find out an exact date that he is going to raise rent. And get it in writing! If you don't have anything in writing that he has given you notice of the change in rent, he doesn't have any proof that he's given you notice.

Answer 2

You are correct. California regulations do require that landlords who raise rents by more than 10% must give 60 days notice.

Most notices are required to be 30 days. However, most landlords do not know enough about the law as they should. This particular aspect of the law is fairly new, up until about 2003 it was only 30 days, and many landlords have not kept up with the changes.

Personally, I would do nothing now. If he comes in with an inappropriate rent raise then contact the California Department of Consumer Affairs, and print out a copy of tenant rights and hand it to the landlord, with the proviso that raises of more than 10% must be given with 60 days notice, highlighted.

I would do it this way, because I have found in these situations that the rumours are invariably worse than anything that actually happens. Of course, some landlords are idiots, but most of the time, they are less of an idiot that most people give them credit for.

The trouble is, if he gives only 30 days notice and is shown up, he'll just send out a new notice with the 60 days, so you'll only be buying yourself 30-60 days. The rent will still increase to what the landlord intends, it is just a question of timing.

Answer 3

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RE:
Landlord intends to raise rent - advance notice?
Okay, so if you look at my questions, you can tell, we all hate my landlord. Anyway. He intends on raising rent $200 - $400 within the next 2-3 months I am hearing. Anyhow, I reserached the laws in California and it said that IF the increase is MORE than 10% of the LOWEST rent paid in the last 12...

Answer 4

You are correct. If the proposed rent increase is more than 10%, then the required notice is 60 days. If it is 10% or less, then the notice is 30 days. This happened to me a few years ago...I did not pay the increased rent for the first month. I sent the rent via certified mail with me 30 day notice to terminate. Tell him that you are well aware of the laws in the state of California, and that you will not pay the increased rent until 60 days are up...BTW...valid notice is not deemed given until you have been served a letter in writing stating the proposed increase. verbal notification is not sufficient, rumors and the landlord saying he is going to raise the rent does not suffice.

Answer 5

I reside and own rental property in CA. If there is no rent control in your area, any rent increase that equates to 27% higher than the current monthly rental rate requires 60 days notice to the tenant.

If you are not provided with a 60 day notice, you are not obligated to sign a new lease, are not obligated to move, and your contract automatically goes to a month-to-month agreement per CA law. You are still required to give 30 days notice if vacating to assure you get your deposit (assuming those are your terms and there's no damages).

The 60 day period goes into affect once you receive a notice in writing from the landlord. If the landlord uses a property management company, remember, they are paid by your landlord and will have their best interest in mind while trying to put you out on the street. Know your rights and stick to them! Good luck. If your landlord is a jerk, why not move anyway?

Answer 6

He may have never bothered to draw a new agreement, but leases are also for your protection, and it was also your responsibility to make sure you were protected. No you don't have a right to 60-day notice because you are not a tenant because you never bothered to make sure you were put on the lease. You plan on staying, yet it doesn't appear you've applied or notified the landlord of your intentions. At 60-days you may have wanted to inquire as to the status of any rent increases or availability of the space after the current tenant left. That was also your responsibility if you were interested in staying.

Answer 7

What are the Rent Controls in your area?
What area are you in?

Each town, city, and county has their own laws, so make sure you're researching your area specifically and not another part of CA.

My first apartment in LA, CA maxed out at 4% annual increases, but low-and-behold, my LL raised it 6% my first year. I sent him a letter and talked him down to only a $20 increase.

Is this $200-$400 the total ammount he wants to raise the rents for the Apt Com? Spread over 8 units, this comes to less than $120 per unit...

You may hate him, but you can always talk to him about how you feel the rent increase isn't justified.

Answer 8

i live in california and here is the law for rent increases:

if the landlord is raising the rent (total in one year) less than 10% of your monthly rental amount...he only needs to legally give you a 30 day notice.

if the increase (in one year) is 10% or more, he is required by law to give you a 60 day notice.

remember...it is based on an annual increase---so if he gives you a 4% increase today and another in 6 months of 7%...both of those needed to be a 60 day notice cause it is more than 10%.

good luck :)

Answer 9

You've already researched California Renters Rights. You can go online to the .gov site and pull up the actual, written renters rules and rights.

Print them out and give them to the guy with the part highlighted that applies to this. Then give him a letter written from you and SIGNED by as many tenants as you can get breaking out in plain, easy to understand math, the max amount he can raise you with a 60 day notice. That will take the wind out of his sails real quick!

Good luck to you!

Answer 10

In BC, Canada a landlord can only change the rent after a renter has been in the unit for 12 full months or more.