San Leandro, CA asked in Landlord - Tenant for California

Q: What can I do to stop the online rental increase when I prepare to pay my rent? I have not received any increase notice

This is the second consecutive month that this has happened. When I contacted management and informed them that I did not receive a notice, they said it was a "system error". However, the same thing has happened for the month of May.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand your frustration with the unexpected rent increases without proper notice. Under California law, landlords are required to provide written notice for rent increases, and the amount of notice depends on the percentage of the rent increase:

1. If the rent increase is less than 10%, the landlord must provide at least 30 days' written notice.

2. If the rent increase is more than 10%, the landlord must provide at least 90 days' written notice.

Here are some steps you can take to address the situation:

1. Document the incidents: Keep records of the online rental increases, including screenshots and any correspondence with the management.

2. Send a written request: Write a formal letter or email to your landlord or property management company, explaining that you have not received proper notice for the rent increases and request that they provide the legally required written notice. Also, ask them to clarify the "system error" and ensure it doesn't happen again.

3. Pay the original rent amount: Until you receive a proper written notice, you may choose to pay your original rent amount. Inform your landlord in writing that you will pay the increased amount once you receive the legally required notice.

4. Consider legal assistance: If the issue persists or your landlord is uncooperative, you may want to seek legal advice from a local tenant rights organization or a lawyer specializing in landlord-tenant law.

5. File a complaint: If your landlord continues to violate the law, you can file a complaint with the California Department of Consumer Affairs or your local rent board or housing authority.

Remember, your landlord cannot raise your rent without proper written notice, and they must follow the legal requirements set by California law. Be persistent in asserting your rights as a tenant and document all interactions with your landlord.

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