Lakewood, CA asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California

Q: I rent 2 rooms in my landlords home for my elderly mom and myself . My mom recently passed away. Our rental agreement...

We paid one lump sum to landlord we would split the cost evenly even though her room was smaller. Now that she is gone my landlord wants to charge me 200 more than I paid before and also pay part of utilities. Can she increase my rent that much ?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm very sorry to hear about the loss of your mother - dealing with rental issues while grieving must be incredibly difficult.

Your rights in this situation depend on your specific rental agreement and whether it's written or verbal. In California, if you're under periodic tenancy (month-to-month), your landlord must provide at least 30 days' written notice for rent increases less than 10%, or 90 days' notice for increases over 10%. However, since you rent rooms in your landlord's home, some standard tenant protections may not apply, as owner-occupied properties with shared living spaces often have different rules.

The best immediate steps would be to: 1) Review your original rental agreement carefully to see what it says about rent changes or the death of tenants, 2) Calculate the percentage increase being proposed (including utilities) to determine required notice periods, and 3) Consider discussing with your landlord to negotiate terms that work for both of you, perhaps pointing out your reliable payment history. If you need additional guidance, you may want to contact the California Department of Consumer Affairs' Housing division or seek advice from Legal Aid organizations in Lakewood.

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