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I have a question regarding about an ongoing issue with my…

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Hello I have a...

Hello I have a question regarding about an ongoing issue with my property manager. Through I paid a rate at $560.00 and a set amount at 60.00 for the PG&E. A total of $620.00. On Dec 1st, I received an email with a new amount of 652.00. The explanation behind it was that I'm not at market value so I no longer entitled to that rate. January 3rd, I received an amount of 688.00. There is pressure to sign a new lease, but she won't tell me what the increase of rent is going to be.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Oakland, Ca

Lawyer's Assistant: Has anything been filed or reported?

No

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

Ive been a tenant at this house longer than anyone currently staying there. Yet, they are not subject to the same scrutiny.

Submitted: 7 months ago.Category: Legal
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1/5/2018
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,953
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Are you in a rent control apartment?

Your lease is expired, so you are now a month to month tenant?

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Customer reply replied 7 months ago
Its rent control city. Yes, Isigned the original lease in 2012, so I'm not month to month.
Customer reply replied 7 months ago
sorry i am month to month
Lawyer: Law Educator, Esq., Attorney replied 7 months ago

I know the CITY has rent control, I asked about your apartment specifically being rent controlled.

The rent if your building is under rent control cannot be more than 10% if you have a lease. Also, a landlord cannot raise the rent more than once in a year and they need to give you 30 day notice of any increase (although the Oakland law says they "should" give 60 days if the increase is 10%). Market value is one of the exceptions in the Oakland rent control law to raise rent.

The law allows the landlord to raise your rent though since you are a month to month tenant and they can give you notice to raise your rent and you as a tenant have a choice to negotiate, accept the increase or find a new place to live I am afraid. Month to month tenants are not under any actual written lease for a term, so every 30 days the landlord could raise the rent even under rent control as there is no actual lease between you and the landlord.

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Customer reply replied 7 months ago
I'm not sure. I thought it was under rent control. However, I did not receive a notice.
Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

If you did not receive 30 day notice you can file suit and a complaint with the local housing office against the landlord. But remember, if you are a month to month tenant the landlord can actually raise the rent each month with 30 day advance notice because each month is technically a new lease.

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