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I have lived in my apartment for almost 3yrs and my 12month…

I have lived in...

I have lived in my apartment for almost 3yrs and my 12month lease expired and now they are charging me $500/month for month to month rent for not signing another lease. Can they do that? I live in los angeles. My rent was $2359/month. They gave 30 days notice as a note on my door but i didnt read it until after the 3rd bill. The bills dont match. The system shows i owe $3500 this month and the manager emailed me that i owe $4000 or i am getting evicted as of tomorrow. I didnt pay this month yet because i wasnt sure how much i actually owe.

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

California

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

Issues they have with me or me with them?

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

Some of my electrical outlets dont work. There was a major leak in my apartment they fixed. The elevators are always broken in the building

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Answered in 24 minutes by:
3/19/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,043
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your landlord tenant law question this evening. I'm attorney Bill following up on your question.

If you didn't sign a new lease at the expiration of the initial term your lease has likely converted to a month to month periodic tenancy.

Hence, the 30 days notice would be right but the amount of rent arrears is something you can dispute and if you were billed for what you consider the incorrect monthly lease payment then you would challenge this in court as in impermissible rental increase, the increase being limited to 10 % for periodic tenancies.

It seems you are being evicted for non-payment of rent so you would need to approach the landlord about the payment or dispute this with the court that the rental increase is contrary to landlord-tenant laws.

The 10 % requirement is set out here:

"

827.

(a) Except as provided in subdivision (b), in all leases of lands or tenements, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may, upon giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, change the terms of the lease to take effect, as to tenancies for less than one month, upon the expiration of a period at least as long as the term of the hiring itself, and, as to tenancies from month to month, to take effect at the expiration of not less than 30 days, but if that change takes effect within a rental term, the rent accruing from the first day of the term to the date of that change shall be computed at the rental rate obtained immediately prior to that change; provided, however, that it shall be competent for the parties to provide by an agreement in writing that a notice changing the terms thereof may be given at any time not less than seven days before the expiration of a term, to be effective upon the expiration of the term.

The notice, when served upon the tenant, shall in and of itself operate and be effectual to create and establish, as a part of the lease, the terms, rents, and conditions specified in the notice, if the tenant shall continue to hold the premises after the notice takes effect.

(b) (1) In all leases of a residential dwelling, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may increase the rent provided in the lease or rental agreement, upon giving written notice to the tenant, as follows, by either of the following procedures:

(A) By delivering a copy to the tenant personally.

(B) By serving a copy by mail under the procedures prescribed in Section 1013 of the Code of Civil Procedure.

(2) If the proposed rent increase for that tenant is 10 percent or less of the rental amount charged to that tenant at any time during the 12 months prior to the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months prior to the effective date of the increase, the notice shall be delivered at least 30 days prior to the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail.

(3) For an increase in rent greater than the amount described in paragraph (2), the minimum notice period required pursuant to that paragraph shall be increased by an additional 30 days, and subject to Section 1013 of the Code of Civil Procedure if served by mail. This paragraph does not apply to an increase in rent caused by a change in a tenant’s income or family composition as determined by a recertification required by statute or regulation.

(c) If a state or federal statute, state or federal regulation, recorded regulatory agreement, or contract provides for a longer period of notice regarding a rent increase than that provided in subdivision (a) or (b), the personal service or mailing of the notice shall be in accordance with the longer period."

If you have a copy of the civil summons this is something I can review as an additional service just let me know.

We are here to help so please follow up with me as required.

In return your positive rating is much appreciated.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

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Customer reply replied 1 month ago
I just looked over my emails. I was notified by email december 11, 2017 that they were going to start charging me $500/month for month to month charge for not signing the lease. Which is more than 10%. And they expected that payment for january. Which is less than 30days. The bill that come from the management company started charging me $500/month starting february and the manager is claiming that i owe $500/month from january. Which would maybe explain the discrepency in the price between the paperwork they gave me and the emails he is sending me. The only way i can resolve the amount is in court?
Customer reply replied 1 month ago
Or i guess i mean it this way... if i pay the rent as it has been, and dont pay the month to month fee increase, can i dispute the increase sepately? Im not clear on what actions i can take. I dont think i should be paying the $4000 they are saying i owe when i should only he paying $2359 for the rent. The variable here is that i was not notified properly and i didnt have adequate notice.

Yes you can answer the complaint as an illegal rental increase as 60 days notice is required for amounts greater than 10 %.

Yes, if you cannot amicably resolve this with your landlord it goes to the court unless you have a arbitration clause in your contract.

I would need to review the notice and your lease contract to offer more information and this would be an additional service to this question and answer service.

Just let me know if you would like to avail of this.

IN relation to my answer I rely on your positive feedback to get a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

Bill Attorney
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