QUESTION

Can the landlord increase your rent in the new lease and the increase is higher than the rest of tenants who moved in on the same year ?

Asked on Jul 07th, 2015 on Real Estate - California
More details to this question:
We have been leasing an apartment for more than 10 years and we have had 3 rent increases so far. The landlord recently increased the rent as he renewed the lease but our increase is higher than tenants who moved in on the same year and have 2 small garages like us. Is it legal?
Report Abuse

1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
Update Your Profile
Are you in a city with a rent control law? If so, that law controls the amount of rent increases. Except for rent control, and unless your lease includes options to extend and states how rent for such extensions will be determined, then the landlord can charge whatever he wants. There is no law requiring a landlord to charge the same rent for identical, simiilar or comparable units. Many landlords now determine rent by checking comparable rents at the time the apartment becomes available. As a result, every tenant in the building can be paying a different rent, even for identical apartments. If you have a lease, you might try asking the landlord to lower your rent to the same rent as the new tenants, because you think it is unfair for you to be paying a higher rent than the new people.  The landlord might point out that for many years, until he started raising your rent, you were enjoying the lowest rent in the building. When you ask, act like a victim and plead and request. Don't try to bully the landlord. If he gets mad, the next time your lease expires, he can refuse to renew and force you to leave, no matter what the rent. Even 10 years gives you know special rights and especially no right to stay past the expiration of your lease. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  
Answered on Jul 08th, 2015 at 3:03 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters