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How many months in advance do I have to notify a tenant of a…

Customer Question
How many months in...

How many months in advance do I have to notify a tenant of a 32% increase on their current rent, is being renew.

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

Yes southern ca la county

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

No the increase is because its a 3 bedroom single home. Rented as a result of separation at 1500 a month in 2017.

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

The property is in fgreat condition

Submitted: 3 months ago.Category: Real Estate Law
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3/23/2018
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,392
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 3 months ago
hello
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

Hello; just one more moment please as I'm preparing a response.

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Customer reply replied 3 months ago
im sorry where am i getting the answer?
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

Thanks for your patience!

So there is no state wide restriction on rent increases. The landlord may, if there is a month to month lease, or a set time lease is coming to an end, provide 30 days notice for rent increases less than 10%; for amounts over that, then pursuant to Civil Code 827b (below) the landlord must provide 60 days notice; please see:

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.

(Amended (as amended by Stats. 2002, Ch. 664, Sec. 33) by Stats. 2004, Ch. 568, Sec. 1. Effective January 1, 2005.)

There may be local rent control; for example

Los Angeles City restricts rent increases to 5%;

for specific authority on the above please see:

http://www.hrc-la.org/doc.asp?id=36

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=827.

Further questions please post here otherwise kindly rate 5 stars if you feel I have earned it.

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Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

I just reviewed your last post; the answer is right above. Should you have questions let me know!

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Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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