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I live in San Diego Ca. I have a 400 ft dupliex. I p I have…

Customer Question
I live in San...

I live in San Diego Ca. I have a 400 ft dupliex. I p I have been here for 12 years. A new owner purchased the property they raised my rent to 1400.00 I work with the Army am gone for 17 days a month. Is this legal to raise my rent that much?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

San Diego, California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No my place is old and needs alot of work.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thats enough I cannot afford 1400.00 I do not make very much money working with the Army.

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
9/28/2017
Lawyer: Attorney2, Attorney replied 7 months ago
Attorney2
Attorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 8,439
Experience: 30 years of experience in Landlord Tenant Law.
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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Lawyer: Attorney2, Attorney replied 7 months ago

What was your prior rental amount and was that amount honored by the new Landlord/Owner? When did the increase take place? Is this a new lease?

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Lawyer: Attorney2, Attorney replied 7 months ago

"...a landlord cannot increase rent during the term of a fixed term lease. A fixed term lease is exactly what it sounds like – a lease that is in effect for a specified period of time (i.e. one year). Unless it states otherwise, a fixed term lease contains a rent amount term which binds both the landlord and tenant for the duration of that term.

Some tenancies are not fixed terms, however. Rather, they are periodic tenancies which were entered into by the landlord and tenant, or they became periodic tenancies after expiration of a fixed term lease. The most common type of periodic tenancy is a month-to-month lease. Landlords typically can increase rent on a periodic tenancy unless the rental agreement states otherwise. However, a landlord must give advanced written notice of the increase in order for it to go into effect.

If a landlord and tenant have a month-to-month (or shorter) periodic term, the landlord must give at least 30 days advanced written notice. If the landlord is increasing rent by 10% or less, only 30 days notice is required. However, if the rent increase is more than 10%, the landlord will have to give 60 days notice.

Note that in order to calculate the proper rental increase percentage, the landlord must use the lowest amount of the rent that the landlord charged the tenant during the preceding 12 months against the amount that the landlord seeks to increase rent to." http://thevclawgroup.com/when-can-a-landlord-increase-rent-san-diego-landlord-tenant-attorney

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Customer reply replied 7 months ago
I was paying 853.00 a month a management company bought the owner out. They raised the rent to 1400.00. I didnt sign an agreement to this.
Lawyer: Attorney2, Attorney replied 7 months ago

Were you still under a written lease? During your lease term your rent cannot change.

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Lawyer: Attorney2, Attorney replied 7 months ago

"...a landlord cannot increase rent during the term of a fixed term lease. A fixed term lease is exactly what it sounds like – a lease that is in effect for a specified period of time (i.e. one year).

http://thevclawgroup.com/when-can-a-landlord-increase-rent-san-diego-landlord-tenant-attorney

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Lawyer: Attorney2, Attorney replied 7 months ago

Are you still online with me?

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