QUESTION
Can they increase my rent if my rent is a fixed lease agreement for a year?
Asked on Jul 25th, 2017 on Landlord and Tenant Law - California
More details to this question:
We recently got new owners and they gave us a 60 day notice of Increase of rent. I thought they couldn’t do that. The only thing I read in the contract is that my lease ends exactly a year unless I'm notified of the owner from the contrary, but it means for the lease or rent? I'm not sure if they can increase it.
1 ANSWER
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If you actually have a 1 year lease agreement (as opposed to a month to month tenancy), then your rent usually may not be increased prior to the end of the lease term of 1 year, UNLESS the lease itself provides otherwise. You need to carefully review your lease terms and/or have an experienced attorney review it for you. Also check the timing of the 60 day notice. Would the new rent specified in the Notice begin after the end of your 1 year lease? If so, the Landlord may be trying to insure that if you remain on the premises as a hold over tenant, that you will begin paying a higher rent. If you truly have a 1 year term and the lease contains no provisions for a rent increase, then the landlord may not raise the rent during the term of the 1 year lease.
Answered on Oct 06th, 2017 at 7:33 AM