Los Angeles, CA asked in Real Estate Law and Landlord - Tenant for California

Q: I've been paying rent through my building's autopay for years and now they want backpay for years of "raises" What now?

I've been paying and have had no issues but they're claiming they want me to pay for two years of rent raise that I haven't been paying apparently. When I asked when and how they "raised" my rent. They said they taped it onto my door. Is that legal? Can they ask for all of this back pay? What are my options? (I'm paying the new amount now of course)

1 Lawyer Answer

A: Technically they can't ask you to pay past rent unless you had notice of that from the date the rent was raised. Proper notice would have been sending a notice to you about the new rent. You can accept it or you can fight it. My guess is that, now that you know they have raised the rent, it is your choice to stay there or pay the new rent. I would nonetheless complain to them about how they handled this matter. They are partly at fault for waiting two years to let you know about the new rent. I would consider using small claims court to complain about the new rent. However, if you are on a month-to-month rental, they can give you a proper notice of the "new" rent, and then you would have to accept it or move out in 30 days.

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