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We are living in Milpitas home for 6 years now. Started at…

Customer Question
We are living in...

We are living in Milpitas home for 6 years now. Started at 3150 and then increase to 3200, then to 3300, then this year in August he asked 3600. We talked landlord into 3400. Now he is asking 3600 from Jan else eviction by Jan end.

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

Califiornia Santa Clara county

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

Month to month since last year, previously it was annual. Carpet very old and worn out, windows rattle with wind. Kitchen has broken drawers, dishwasher broken.

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

Carpet 12year+ old I have small kids 3 month, 2 year, 4 years

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
12/22/2017
Lawyer: LandlordTenantAnswer, Attorney replied 7 months ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 32,413
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LandlordTenantAnswer, Attorney replied 7 months ago

Good morning. Can you please clarify for me what your question is?

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Customer reply replied 7 months ago
Hi,
1. Do we have any protection against so much rent increase suddenly. In the past it was 50/100 increase per month per year. Now suddenly he is asking 300/month increase. We already increase 100/month 3 month ago.
2. Landlord wants to remodel the kitchen for 1 month while we are living there. We will not be able to use the kitchen during that time. What protection do we have.
3. House is not keep in good condition with carpet replacement, loose window replacement. What option we have to get those fixed.
Lawyer: LandlordTenantAnswer, Attorney replied 7 months ago

Thank you and please allow me a moment to respond.

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Lawyer: LandlordTenantAnswer, Attorney replied 7 months ago

If you have a lease for more than 30 days, your rent cannot be increased during the term of the lease, unless the lease allows rent increases.

If you have a periodic rental agreement,your landlord can increase your rent, but the landlord must give you proper advance notice in writing. The written notice tells you how much the increased rent is and when the increase goes into effect.

California law guarantees you at least 30 days' advance written notice of a rent increase if you have a month-to-month (or shorter) periodic rental agreement.

Under the law, your landlord must give you 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. Your landlord must give you at least 60 days'; advance notice if the rent increase is greater than 10 percent. In order to calculate the percentage of the rent increase, you need to know the lowest rent that your landlord charged you during the preceding 12 months, and the total of the new increase and all other increases during that period.

As far as the remodel if the kitchen cannot be used the landlord and you need to discuss this and see if they will reduce the rent for the time the kitchen cannot be used or if they will temporarily relocate you. You also have a right to demand that the landlord make repairs and if they do not, you could vacate if the lease is over or consider a repair and deduct remedy

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Lawyer: LandlordTenantAnswer, Attorney replied 6 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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