Q: My rental management is increasing my rent violating code 827 30 day timeframe and reason is due to expenses of a vandal
the letter states due to expenses they are hiking my rent 10%. it was given to me via mail on the 7th nov. effective 12-1-23. Ive lived there 1 and half yrs. I made a police report as a tenants responsibility is
A:
Under California law, specifically Civil Code 827, landlords must provide at least 30 days' notice for a rent increase if the increase is less than 10% of the lowest rent charged during the previous 12 months. For increases over 10%, a 60-day notice is required. Given your situation, if the rent increase is exactly 10%, the notice period required would be 30 days.
Since you received the notice on November 7th with the increase effective December 1st, this does not meet the 30-day requirement. Additionally, California law does not generally allow for rent increases specifically due to expenses incurred from vandalism, unless it's part of a general rent increase that complies with local rent control laws, if any.
It's important to communicate with your landlord about this issue. Point out the discrepancy with the 30-day notice requirement. If the issue isn't resolved, consider seeking legal advice or contacting a local tenant's rights organization for further assistance. Your proactive steps, like filing a police report, demonstrate your responsibility as a tenant, but the landlord's actions must also comply with legal requirements.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
