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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29012
Experience:  30 years of real estate practice experience.
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I have a tenant who doesn't pay garbage bill as stated in

Customer Question

I have a tenant who doesn't pay garbage bill as stated in the agreement.
Now I want to give him 30 day notice to increase rent to include garbage. Can I just state the change of terms in the notice to make it effective? or I will need to prepare a new agreement for them to sign to make the change of garbage bill effective?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Loren replied 5 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Do you have a written lease agreement in effect? If so, when does it expire?

Customer: replied 5 months ago.

It is a month to month agreement.

Expert:  Loren replied 5 months ago.

CA law requires 60 days notice if the tenant has been in possession for over a year and 30 days if the tenant has been in possession less than a year.

You can just give them a letter stating what the new rent will be and the date that the new rent starts.

Customer: replied 5 months ago.

Don't sure whether I sent my reply or not just now.

30 day or 60 day notice is not determined by how long tenants stay but by the percentage we want to increase?

Expert:  Loren replied 5 months ago.

Under California Law there is currently no maximum limit for rent increases. As of January 1, 2001, a landlord must give the tenant at least 30 days' advance notice if the rent increase is 10 percent (or less) of the rent charged at any time during the 12 months before the rent increase takes effect.

If you are going to cancel a month to month tenancy because they do not accept the rent increase you will need to give 60 days notice if they have been there more than 12 mos.

Customer: replied 5 months ago.

I am a little confused. So your previous answer is wrong? how long a tenant stays doesn't determine whether I should send 30 or 60 day notice?

Expert:  Loren replied 5 months ago.
My answer is correct. You are required to give 30 days notice to increase the rent over 10%.
If you are changing a month to month tenancy, however, you need to give 60 days notice. The statutes are somewhat conflicting. If the tenant has been there over a year and they are on a month to month tenancy, you should, to be safe, give 60 days notice to raise the rent, regardless of the percentage increase.
Expert:  Loren replied 5 months ago.
If the month to month tenants have not been in possession over a year then the statutes are not conflicting and 30 days works. It only becomes vague under CA law if you are raising the rent over 10% and they have been there over a year.
Expert:  Loren replied 5 months ago.
Because of the potential conflict between the statute for notice to terminate a month to month tenancy and the statute requiring notice to raise rent by more than 10%, I am just suggesting you use 60 days if they have been in possession over a year.

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