Rent Increases: Basic Information for Tenants: Legal Guide LT-2 – California Department of Consumer Affairs #bouncer #rentals

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Rent Increases: Basic Information for Tenants: Legal Guide LT-2

RENT INCREASES :

BASIC INFORMATION FOR TENANTS

Whether your landlord can raise your rent depends on whether you have a lease or a rental agreement, and what it says.

Some tenants have leases. If you have a lease, your rent cannot be increased during the term of the lease, unless the lease allows rent increases. 1

Many tenants have periodic rental agreements for example, a week-to-week or a month-to-month rental agreement. If you have a periodic rental agreement, your landlord can increase your rent, unless the agreement does not allow rent increases. The landlord must give you proper advance written notice of the rent increase. The written notice tells you how much the increased rent is and when the increase takes effect.

How much advance notice must the landlord give the tenant?

If you have a month-to-month (or shorter) periodic rental agreement, the landlord must give you at least 30 days’ advance written notice of a rent increase.

  • The landlord must give you at least 30 days’ advance notice if the rent increase is 10 percent (or less) of the rent charged at any time during the 12 months before the rent increase takes effect.
  • The landlord must give you at least 60 days’ advance notice if the rent increase is greater than 10 percent of the rent charged at any time during the 12 months before the rent increase takes effect. 2

The amount of notice required depends on the percentage of the rent increase. In order to calculate the percentage of the rent increase, you need to know the lowest rent that your landlord charged you during the preceding 12 months, and the total of the new increase and all other increases during that period.

EXAMPLES: 1. Assume that your rent is $500 per month due on the first of the month. You have been paying this rent for over a year. Your landlord wants to increase the rent $50 to $550. How much advance notice are you entitled to?

First, calculate the percentage increase in the rent. It is:

The current rent increase ($50) does not exceed 10 percent of the lowest rent charged in the past 12 months ($500). Therefore, your landlord must give you at least 30 days’ advance written notice of the rent increase.

2. Assume that your rent is $500 per month due on the first of each month. You have paid this rent for over a year. Your landlord wants to increase your rent $60 to $560. How much advanced notice are you entitled to?

First, calculate the percentage increase in the rent. It is:





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