I had 2 rent increases on 2 storage units during COVID. Both units were increased by 27% each time.

Question

While under a state of emergency there is a cap of 10%, yet I paid the higher amount of 27% per increase. The day after the state of emergency was lifted my storage facility increased ea unit another 38%.  
 
My question is 2 fold, how do I get my money back for the improper % increases and secondly how can they increase my rent by so much a day after the state of emergency was lifted? Do they have some kind of insight w the government and are being told ahead of the rest of Californians that the restriction was going to be lifted? 
 
Lastly, if I'm receiving a 38% rent increase don't I need to be informed by a 60 day notice and not a 30 day notice since it's more then a 10% increase?

Scott Richard Kaufman · Answer

For me, I'd vote with your feet, ie, move out immediately and I'd YELP! them negatively AND I'd call a consumer reporter from one of the local news stations...

James L. Arrasmith · Answer

Based on the information you provided, there are several legal issues to consider: 
 
1. COVID-19 rent increase caps: During the state of emergency in California, rent increases were limited to 10% for certain properties. If your storage units were subject to this cap and you were charged a 27% increase during this period, you may be entitled to a refund of the excess amount. You should review your rental agreement and the specific laws and ordinances that applied to your situation. 
 
2. Rent increase after the state of emergency: Generally, landlords are allowed to increase rent as they see fit once any temporary restrictions are lifted, unless there are local rent control ordinances in place. The timing of the rent increase, being just a day after the state of emergency was lifted, may seem suspicious, but it's unlikely that the storage facility had insider information from the government. 
 
3. Notice requirements for rent increases: In California, if a rent increase is more than 10%, landlords must provide tenants with at least 90 days' notice, not 60 days. If your 38% rent increase was communicated with only 30 days' notice, the notice may not be valid, and you might be able to challenge the increase on that basis. 
 
To address these issues, you should: 
 
1. Gather all relevant documents, including your rental agreement, rent increase notices, and proof of payment. 
 
2. Research the specific laws and ordinances that applied to your storage units during the state of emergency and currently. 
 
3. Consider contacting a local tenants' rights organization or a landlord-tenant attorney for guidance on how to proceed, including potentially requesting a refund for the excess rent paid during the state of emergency and challenging the validity of the recent 38% rent increase if proper notice was not given. 
 
4. If you cannot resolve the matter directly with the storage facility, you may need to file a complaint with a local rent board or housing authority or pursue legal action in small claims court.

Q: I had 2 rent increases on 2 storage units during COVID. Both units were increased by 27% each time.