QUESTION

can I raise rent & security deposit after lease expired,

Asked on Jun 24th, 2016 on Real Estate - California
More details to this question:
SFR have a year lease sign on 8/7/2015 to 8/6/2016 (rent $2050 monthly & security deposit $3000), after lease expired. can I raise rent to $2250/month, and security adjust to 2 full months.questions:(1) is this legally allowed? (2) do I need sign a new one year lease with new rent & deposit? or we can do month to month rent ? which one is better for landlord ? (3) do I need give tenant 30 or 60 days earlier notice? another issue need mention & concern is tenant just notice us they plan to run family child care in this house a week ago, my rent & security deposit increase based on lease expire and demand to sign an new lease is legal and no conflict to their child care, right? regarding family child care tenant notice us, inspector gave them an improvement list, (ask for new paint, new carpet, pressure wash house,lawn repair,toilets need new floater in the tanks, etc) do landlord liable to take care these items? or they should take care themselves ? thank you for your help
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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There are at least ten issues and questions you need to deal with, besides the five you have raised. Even the questions you did ask do not have simple yes-or-no answers. There are pros and cons for each one. A day care center has all kinds of impacts on your property and your neighbors. The use and the wear-and-tear on your property are much more intense. You should be paid compensation for that cost to you. The provisions of your lease or rental agreement regarding maintenance, repairs and replacements, inspections by the landlord, and insurance, need to cover this special use. This is a use that belongs in a commercial space, not a home. Your tenant wants to do it in your house, because rents for single family homes for residential use are substantially lower than commercial rents. But the reason commercial rents are higher is, in part, because of the more intense use and the greater likelihood of third-party claims for personal injury and damage to their property. You're going to have all those expenses and risks, and your rent should compensate you for them. You need to sit down with an attorney and go over all the circumstances.  Dana Sack  
Answered on Jul 03rd, 2016 at 3:02 PM

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