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Questions and Professional Answers

Questions and Professional Answers

  • Rental Increase

    My landlord / owner wants to increase my rent. This due to exterior improvments done to the apartment building (no internal). He initially sent a letter to me stating that he will increase our rent at some point. He did not specify a specific amount or time when this increase would take place. I don't mind paying the added rent. It just that he just told me in person that we fogott to pay the increase. I found this odd. If I'm not misstaken, he needs to put increase, new rent amount including increase, date when it will take affacet plus what increase is actually for in writing, correct?
    • Re: Rental Increase

      You don't give me enough facts to answer your question with any reasonable certainty.How long have you lived there?. How much were you paying? What is the increase?Yes, it should be in writing. Enclosed is a web page covering your questions.http://www.dca.ca.gov/publications/landlordbook/living-in.shtmlAlso, there is a question of whether you live in a rent controlled area.If you need more help, feel free to e-mail, or call, my office.

      Robert L. Bennett
      Law offices of Robert L. Bennett
      2117 N. Baker St.
      Bakersfield, CA 93305
  • rent increase notification

    Hello: I have a house that I rent out. The current tendant in the house has been there for about 9 years without an rent increase, and signed a lease on move in. However the lease has never been updated. My expenses are increasing, and I would like to increase the rent. The renter rents month to month basis and no changes to the lease have been made over the past 9 years. I'm currently looking for a way to raise the rent. Is there software I can use to do this purpose that would meet my needs and legal needs? I know that you are only supposed to raise the rent a certain amount and over a certain period of time. What are the rules and legal rights in rent increase and how would I do it? Are there forms I can download or use or software to purchase to help manage the issues ( rent increase and the others that arrise)?How do I figure out what I can and cannot do according to the law of CA? Questions: What does the letter of rent increase need to include or say? What should the letter not say or include? What is the percentage of increase that I can increase the rent? How much notice do I have to give the renter? How do I notify the renter? What does the letter have to say and what can I not say? Thanks.
    • Re: rent increase notification

      In further response, you might want to look at California Civil Code section 827. It has to be at least 30 days (if by mail, 35 days). If the increase is over 10 percent, it must be 60 days (if by mail, 65 days). If it's Section 8, it's 90 days (plus 5 more for mail).

      Robert F. Cohen
      Law Office of Robert F. Cohen
      P.O. Box 15896
      San Francisco, CA 94115-0896
    • Re: rent increase notification

      It depends on whether the property is in a rent stabilization area. Since the rental is now month-to-month, if not rent stabilized, you can raise it to the extent that is reasonable. If it is rent stabilized, then check with your city/county housing department. Ideally, a landlord should give the tenant at least 30 days' written notice before the next rent check is due. Keep a copy of the notice. If there are any other changes, such as the tenant has to pay the water or electric bill, gardener, etc., that also should be included. Don't be surprised if the tenant calls, angry, etc., and threatens to move. Certainly, if rents in the area are higher than the tenant will be paying and there are willing potential tenants at an even higher rent, then the tenant will have a choice to make.

      Robert F. Cohen
      Law Office of Robert F. Cohen
      P.O. Box 15896
      San Francisco, CA 94115-0896
  • Rent increase not in a timely matter.

    How many days is a landlord required by law to give his tenants notice of an increase in rent, and is there a limit of any kind as to how much the rent can be increased? I received a certified mail letter today (2-25-06) that is dated 2-20-06 of a rent increase which is to take effect on 4-01-06. Is this legal or must I have at least 60 days notice prior to the increase?
    • Re: Rent increase not in a timely matter.

      For a month to month tenancy, a landlord may raise rent upon providing 30 day notice so long as that increase is 10% or less of the rent charged at any time during the previous 12 months. If the rent increase is greater than 10%, a landlord must give 60 days notice. Rent control districts will have additional limitations.

      Ryan Carrere
      Roni Lynn Deutch, A Professional Tax Corp.
      4815 Watt Avenue
      North Highlands, CA 95660
    • Re: Rent increase not in a timely matter.

      Unless your are subject to local rent control laws, 30 days is sufficient to increase the rent on a month-to-month lease. And there is no limitation on the amount of the increase unless a local rent control ordinance applies.

      Carl Starrett
      Law Offices of Carl H. Starrett II
      1941-C Friendship Drive
      El Cajon, CA 92020-1144
  • Rent increase no 30 day

    My landlord said she sent me a letter for a rent increase that i never received. And this was back in 11/01 I have gone into the office and asked what is goping on because i heard of the increase from a neighbor. and the assistant mananger looked in my file and there was not one so she told me that i won;t be getting a increase for awhile. I went to pay my rent last month and the manager said i owed them $30.00 for the rent increase i then again told her i never received a written notice. she went into my file and showed me a letter that wasn't there before with a date of 11/29/01 on it. she said that she would have to speak to her supervisor and get back with me. which she never did. today I went to pay the rent and she said i owed her $30.00 that my rent is now $490.00. I again said that i have not received a notice she said i showed it to you on 2/4/02 is this legal I still have not received a written notice. thank you
    • Re: Rent increase no 30 day

      You've received a rent increase orally, and right now that good enough. You're lucky they don't try to back date it, and you have to pay the increase since November. So leave well enough alone.

      Victor Hobbs
      Victor E. Hobbs
      23161 Tulip Street
      El Toro, CA 92630-4534
  • Retaliatory rent increase?

    I sent a letter to my landlord regarding many repairs that had not been made for months, such as a toilet that leaked on the floor, a bathtub without any working faucets, a glass door in the same bathroom that had to be held up while you showered, etc. I told them if the repairs were not made promptly I would use the repair and deduct remedy. Four days after I sent the letter they raised my rent $100 per month and still had not made any of the repairs. This was a month to month rental that I had been renting for 8.5 months before the rent increase. I continued to rent there and paid the increased rent for another 10 months.How do I collect damages for the retaliatory rent increase?
    • Re: Retaliatory rent increase?

      You probably can not. Whenever the rental terms ends, both the landlord and tenant can try to get the other to agree to any change in terms, but the opposite side does not have to agree. But if the tenant is not willing to accept the new terms of the landlord, they there is no rental agreement and the tenant can not legally stay. If the rent increase is very large, it might be possible to argue that it was made to punish someone for reporting a health and safety issue so as a matter of public policy the landlord should not be allowed to force the tenant out. But a $100 increase probably would not be considered that unreasonable. If you had reported the problems to the local agency incharge of health and safety then the law would presume it was done as punishment and no rent increase would be allowed, but you did not make such a report. I presume you are not in a rent control city. You can, after giving the landlord reasonable notice and he fails to act, deduct up to one month's of rent to make the repairs, but that is only 30 days worth of rent. Sorry.

      George Shers
      Law Offices of Georges H. Shers
      4170 Glenwood Terrace, Suite #1
      Union City, CA 94587
  • What are my rights as a tenant with no lease?

    My landlord enterd my apartment while I was at work without giving me any notice... I feel extremly violated... The following day I got a letter in the mail stating that he was raising my rent an extra $125 per month due to an increase apartment ownership cost.. The other 4 tenants rent did not receive this letter of increase... Rent has NEVER been late, i am the only female and am now pregnant.. I really dont understand whats going on...
    • Re: What are my rights as a tenant with no lease?

      Hello: I just read your question. First, under Fla. law (chapter 83), which you can review on line if you wish, a landlord may enter a premises for inspection. I have not read the section before writing this, but it must be reasonable and not for harassment. I'd have to look to see if LL has to give notice first.As to rent increase, since you do not have a written lease, LL may be able to increase the rent. You should demand a written lease. 'Hope this helps. Tom Rosenblum

      Thomas Rosenblum
      Rosenblum Law Offices
      45 West Bay ST., Ste. 202
      Jacksonville, FL 32202
    • Re: What are my rights as a tenant with no lease?

      You are a month to month tenant and he can raise the rent each month. Get a written lease.

      David Slater
      David P. Slater, Esq.
      5154 Windsor Parke Dr.
      Boca Raton, FL 33496
  • Lease and rent increase

    We signed a six month lease two years ago. The lease states it would be automatically renewed at the end of that period. The people that owned the property sold it in May 2002 and they stated the lease would transfer to the new owners. Is this legally binding now? Also we got a letter from our new owners in January stating our rent was going up by $75 and that everyone was getting this same increase. We found out that not everyone is getting an increase and our neighbors who are renting the same 2 bedroom town home are paying alot less rent than we are. I have written a letter to the owners to find out why. anyway is it illegal to charge another tenant more rent for the same identical town home than what is being charged to other tenants? Do we have a legal case against the landlord?
    • Re: Lease and rent increase

      Your lease is the key to the answers you are seeking. I don't know when your lease expired and renewed compared to when the new owners bought the property. If your lease had renewed automatically before they bought the premises, they are bound by that lease and its terms until it expires or until it is terminated under the provisions of the lease, or by law [for non-payment of rent, or violating the terms of the lease, and appropriate notices are sent and not complied with, for example]. The new owners may raise rent according to the terms of the lease [most leases with an automatic renewal include a provision which allows rent increases with each renewal, or give the landlord the right to increase rent after giving notice described in the lease]. It is possible for them to be able to raise the rent of some of their tenants and not others because of the timing of their leases/renewals. If they are treating different tenants differently, that is their right, so long as the reason for the differing treatment is not discrimination according to race, religion, gender, etc.In other words, the landlord can charge anybody whatever they want, so long as they don't give favorable treatment or unfavorable treatment to tenants because of race, religion, national origin, gender, marital status etc.You should compare notes with the neigbors who are paying less and find out whether their rent hasn't gone up because their lease has not renewed since the new owners took over. They might be in line for the same rent increase you got when their lease renewsHope this helpsBill Jones

      William Jones
      William P. Jones, Attorney-at-Law
      200 The Law Building, 500 S. 18th
      Omaha, NE 68102
  • Rent Increase

    I live in the San Bernardino county of California. Is there a limit/cap or % that a landlord can increase your rent to? And also is there an Intent to increase rent notice time frame? I just received notice of a $500 increase. Please advise.
    • Re: Rent Increase

      Check with local authorities, as to whether there are rent control ordinances, but I do not believe any exist in San Bernardino county. Landlord can increase rent with no limit, i.e. ceiling, subject to proper notice. Law is simple: under 10% increase requires 30 days notice; over 10% in a 12 month period requires 60 days' notice. I am assuming the increase was at the end of a lease.

      Robert L. Bennett
      Law offices of Robert L. Bennett
      2117 N. Baker St.
      Bakersfield, CA 93305
  • Rent increase

    Our landlord has provided written notice that another party is interested in renting our house(with improvements) for $550. These improvements were to install central air and a new furnace. However if we wished to remain he would make the improvements and increase our rent from $400 to $500. He wants us to sign a new lease by June 1 and start new rent on July 1. Is there a limit to the amount he can increase rent? Is there any legal way to stay without paying the increase and if so, how long?
    • Re: Rent increase

      I would need answers to a couple of questions before I can answer your question. Do you have a written lease? If so, what is the term (when does it start and end)? Where is the rental property located? Some jurisdictions have certain kinds of rent control. If you don't have a written lease and there is no municipal rent control, then, with 30 days notice, the landlord can increase the rent to any amount he or she desires.

      Thomas Moens
      Moens Law Offices, Chartered
      1523 52nd Avenue
      Moline, IL 61265
  • Rent Increase

    Is there a limit on how much you can increase the rent on a one family house in New York City. The rent has not been increased in 6 years and would we like to increase it to the market rate, which would be from $1,200 to $1,800?
    • Re: Rent Increase

      Assuming that a written lease is not in effect, and the tenants are month to month, a full month notice must be served on the tenants giving notice for the increase in the rent for the following month.If a written lease exists, the parties must follow the terms of the lease.Mike.

      Michael Markowitz
      Michael A. Markowitz, PC
      1553 Broadway
      Hewlett, NY 11557