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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33769
Experience:  15 years real estate, Realtor. Landlord 26 years
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My landlord presented an updated Month to Month rental agreement

Customer Question

My landlord presented an updated Month to Month rental agreement for my review a signature, but it was back dated for August 2014. I believe this is her tactic to increase my rent starting August 2015. Is this a legal action for my landlord to back date a document?
In addition, she has presented a letter addressing an increase in rent for 2 years prior. Is this allowed? It appears she is just saying I forgot to increase the rent the years prior so I am now plus the current year.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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""Is this a legal action for my landlord to back date a document?""
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No, not if it is for some fraudulent purpose. If it was to re-create a document that reflects the true and accurate terms of the old tenancy, then it is not improper.
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But you would not be under any obligation to sign it...
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""In addition, she has presented a letter addressing an increase in rent for 2 years prior. Is this allowed?""
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Actually no, if this is a rent controlled area and the landlord didn't impose the increase allowable by law, then they waive that right to do so for that year. If the RSO permitted a 3% rent increase in 2013 and another 3% increase in 2014, a landlord who did not raise the rent in 2013 may only raise the rent in 2014 by 3%. He may not retroactively collect the increase permitted in 2013 for a cumulative rent increase of 6% in 2014.
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So it is a "use it or lose it" provision.
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Further, the ordinance makes it unlawful for any landlord to demand, accept or retain more than the maximum adjusted rent permitted under the Los Angeles Rent Control law.
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thanks
Barrister

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