Q: in California, if the tenancy status changes can I raise rent to market rate
Current tenant had kids that were under 18 , while under 18 the kids were listed as occupants.
The kids are now over 18. the lease states that once the kids are over 18 they are no longer occupants.
kids moved out and one kid came back.
If I were to read him as an occupant can I raise the rent to current market rate?
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A:
In California, rent control laws and regulations can vary depending on the city or county. However, under the California Tenant Protection Act (AB 1482), which went into effect on January 1, 2020, there are certain limitations on rent increases for most properties in the state.
Generally, under AB 1482, landlords can only raise the rent by a maximum of 5% plus the local Consumer Price Index (CPI) or 10% of the lowest gross rental rate charged at any time during the 12 months prior to the increase, whichever is lower. This applies to most properties, with some exceptions such as newer constructions (built within the past 15 years) and single-family homes or condos with no corporate ownership.
The change in occupancy status alone, such as a child turning 18 or moving out and then returning, does not typically allow a landlord to raise the rent beyond the limits set by AB 1482 or local rent control ordinances.
However, there might be some circumstances where a landlord can raise the rent to market rate, such as when there is a complete turnover of tenants or if the property is exempt from rent control laws.
It's essential to review your local rent control ordinances and consult with a local real estate attorney or a landlord-tenant law specialist to determine your rights and obligations in your specific situation.
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