Bakersfield, CA asked in Landlord - Tenant for California

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

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

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.

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