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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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Afternoon...Yes I am here again! I am about to fulfill my 1

Customer Question

Afternoon...Yes I am here again!I am about to fulfill my 1 years lease at my apartment building it expires on 9/1/2016. I received an email letter stating that my lease is up on 9/30/2016 and that I needed to choose a lease option between 2-12 months or my rent would go up 36% from $1125 to $1533.
I understand that I live in San Joaquin County where there is no rent control so a landlord can raise my rent as much and as often as they wish, so long as they give proper notice of the change in terms. Proper notice means that an increase of less than 10% requires 30 days written notice before the increase takes effect.
I understand everything above here.... I think if you have fulfilled your lease and you are now on a month to month wouldn't a 60 day notice apply for a 36% increase in rent?.I get stuck with the statement below:However, increases of more than 10% in any 12 month period, requires 60 days written notice before the increase takes effect. (For more information regarding proper notice, please see the section on defective notices.)So my 30 notice was sent in an email on 9/1/2016 which listed different lease options from month to month or 2-12 months in which I have to make a decision by the 23rd of this month - some 30 day notice right. Would my landlord have to give a 60 days because my month to month will now be a 36% increase? or with the breakdown lease options that they are offering I'm kinda screwed and only get a 30 day notice that my rent is going up over $400?Current Rent $1,125.00 Increase
Month/Month $1,533.00 36.27%
2 Months $1,472.00 30.84%
3 Months $1,472.00 30.84%
4 Months $1,459.00 29.69%
5 Months $1,363.00 21.16%
6 Months $1,336.00 18.76%
7 Months $1,300.00 15.56%
8 Months $1,244.00 10.58%
9 Months $1,302.00 15.73%
10 Months $1,226.00 8.98%
11 Months $1,349.00 19.91%
12 Months $1,248.00 10.93%I'm looking at moving but I want to know what my options are ... do I get another 30 days at $1,125 or am I screwed and have to pay the new month to month at $1,533 starting on 10/1/2016?Brenda Ohm
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 2 months ago.

Deleted

Expert:  CalAttorney2 replied 2 months ago.

Dear Customer,

I am sorry to learn about your landlord's rent increase.

While your mathematical calculations are correct, the legal one is not.

The 30 days/60 days notice provisions apply for "periodic tenancies" (week to week or month to month) tenancies. You are receiving a notice at the end of your 12 month tenancy giving you notice that if you wish to remain in the property after the end of your 12 months, you must sign a new lease.

Many tenants take it as a matter of course that they can continue living in the unit after their initial 12 months (or whatever initial term they have) expires - but this is not the case, unless the lease provides for a "month to month" following, they sign a new lease, or the landlord allows them to "hold over" (meaning they stay in the unit but do not have a formal lease - but the landlord doesn't kick them out), they must move when the 12 months is over.

So, your landlord is giving you the option at the end of your 12 months: you can sign a new lease for a period of time (you say they are offering a 2-12 month lease period), or you can go month to month but with a substantial rent increase.

This is not affected by the 30 day rule for periodic tenancies.

If you had a "month to month" tenancy, your calculations/argument would be correct.

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