QUESTION
How do I resolve rent increase and late charges
Asked on Sep 10th, 2015 on Landlord and Tenant Law - California
More details to this question:
Below are the facts: ¿ I am the landlord of a signal family residence in southern California ¿ Tenant signed lease 2/28/2010 ¿ Rent has not been increased ¿ Verbally notify tenant on July 21 2015 I was planning to put the house on the market and give him the realtor information should he want to purchase ¿ Send certified notice to quit (60 day notice ) 7/29/15 which was delivered by the tenant 8/4/15 ¿ Put the house on the market 8/25/15 ¿ Took house off the market 9/7/15 ¿ Reached out to tenant and asked him if he wanted to say ¿ Sent him Addendum to Renew or Extend Lease Agreement via email 9/7/15. Key points o Lease period 11/15 through 6/15 o 10% rent increase o 5% late fee ¿ He called and communicated: he would not sign the document, as he wanted a month-to-month lease. He has agreed to rent increase and late fees but is asking for a month-to month ¿ Can I charge him late fees? How do I formalize rent increase?
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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I assume that your property is not subject to rent control. In a month to month rental, the landlord can change the terms of the tenancy with 30 days written notice to the tenant. The tenant doesn't have to agree to the change in terms in writing, the notice is enough to change the terms and when the tenant continues in possession of the premises, then he is deemed to have accepted the change in terms. For a rental increase of less than 10%, the landlord can give a 30 day notice. For a rental increase of 10% or more, the landlord must give a 60 day notice.
You should also give a notice to cancel the 60 day notice that you served previously.
Answered on Sep 10th, 2015 at 3:23 PM