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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 44546
Experience:  Attorney over 17 years, landlord 26 years
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There is no rent-control for single house In San, CA. If the

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There is no rent-control for single house In San Jose, CA. If the lease will be end on 2/28/2018, can the landlord increase the rent from current $2350/m to $3000/m from 3/1/2018 ? The market rent is around $3190/m. Does the landlord need to give 60 days notice ?

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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If the lease will be end on 2/28/2018, can the landlord increase the rent from current $2350/m to $3000/m from 3/1/2018 ?

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No. Once a fixed term lease expires, the landlord can increase the rent by any amount that they want to if there is no rent control in place as long as they follow the law.. If they are increasing the rent 10% or under, they have to give a 30 day written notice, if over 10%, which it is here, they have to give a written 60 day notice.

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So it requires 60 days if rent increase is more than 10 percent of the lowest amount of rent charged during the last 12 months. See CA Civ. Code §§ 827(b)(2-3))

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thanks

Barrister

barristerinky and other Landlord-Tenant Specialists are ready to help you
Customer: replied 9 months ago.
Hi Barrister,
The tenant who lives in the house has a bad living habit which creates mold problem for the owner. Professional company changed all the walls three years ago and then the mold came back again. We investigate it's their living habit who leads to the situation. We want them to leave instead of increasing the rent now. Can you send 60 day notice? Should we include the living habit or anything on the notice? any suggestion that we may solve it peacefully? the professional company came back again to check the situation and prove that tenants' living habit caused the problem.Best,
Lisa