• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

California 60 Day Rent Raise Notice Law - Help!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

JohnErick

Member
What is the name of your state? California

Hello, I'm sure this is a re-hash, but I need advice asap on what to do.

We were away on vacation when the rental office for our building put a notice to raise rent on our door. They also mailed a copy, so we have an official notification date. Here are the facts:

1. Notice mailed January 19, 2004.
2. Asking us to renew by Feb. 1, 2004, with rent raise effective March 1, 2004 (not a full 60 days notice).

We have lived here almost 3 years (June 1, 2004) and have never received an increase, even though our actual lease expired in June of 2002.

This paper says if we don't send in the intent to renew by FEB. 1, we will be charged a different increase than was shown on the "notice" mailed to us.

WE've tried to contact Anaheim housing (where we live) and after 4 days of leaving messages we've never heard back from them. Tomorrow is Feb. 1st. We are going to extend our lease, but should this become effective on April 1st, or on the 60th day after notice (March 19, not March 1st as stated in notice).

Since the housing office is closed and this becomes due over this weekend, what can we do? Again, we want to stay, but now we have no advice or legal backing before having to meet their deadline to notify of intent to renew...

Thanks for any help!
John
 


N

non-ditzyblonde

Member
I'm not an attorney, just a rental property owner.

If your lease expired June 2002, you are now a month-to-month tenant. What exactly do they want you to renew? If they want you to sign a new fixed term lease, then they'll have to, obviously, meet with you to sign a new lease.

If they simply want to raise your rent, this is not a "renewal." Since you said you'd like to stay, leave a message at their office stating that you accept the increase, but that it should be effective in 60 days according to California law.

In this way, you have complied with their request to send in your intent to renew by the Feb. 1 deadline.

For future reference, get the fax number and email address of your property management company. This gives you various ways to reach them, and various ways to document your attempts to reach them. Avoids the "We never got your voicemail message" excuse.
 
C

CA. LL

Guest
Is the increase more than 10% of your current monthly rent?
 
Last edited:
N

non-ditzyblonde

Member
John- a couple of additional points:

1. You mentioned the word "renewal" twice in your post. Did the notice you received say anything about "renewing your lease" or was it simply a rent increase notice?

2. Why are you trying to contact the housing office and not the owner or management company?
 
J

JohnErick

Member
Replies To Messages

Thanks everyone that's responded. I wish I could have gotten on sooner, but here's what I can elaborate on:

The original lease expired in June of 2002. This property has changed hands I believe twice since then. The current owner is an individual and the office protects him from the tenants by handling all of our inquiries, so getting ahold of him is next to impossible!

No one has ever contacted us about renewing our lease, prob. due to the confusion and turn over in ownership and personnel at the rental office. Even though we have not had a lease since June 2002, our rent has not been raised. The notice says at the top "An Invitation To Renew Your LEASE". The odd part says that our current lease expired 1/31/2002 which really isn't correct anyway.

The rental increase is just shy of 20%.

Non-Ditzy, to answer your question about contacting housing, I just wanted to make sure I was clear on the 30/60 day notice before going into the office to do the new lease. I didn't want to say anything that would create any undo issues! I just lost 20 hrs. a month on my schedule at work in order to keep working, so even a delay of 60 days in paying the new rent amount would be a blessing (putting off the inevitable)!
 
C

CA. LL

Guest
Yes, Joseph you are correct except since they nailed and mailed it, they should allow 65 days for the change in terms notice. Also, if it were only a 30 day requirement it would actually need to be 35 days of notice when the LL nails and mails it. Personal service would be 30 or 60 days. CA. Civil Code 827 and I believe it's at (b) (3).
 
Last edited:
J

Joseph_free

Member
CA. LL said:
Yes, Joseph you are correct except since they nailed and mailed it, they should allow 65 days for the change in terms notice. Also, if it were only a 30 day requirement it would actually need to be 35 days of notice when the LL nails and mails it. Personal service would be 30 or 60 days. CA. Civil Code 827 and I believe it's at (b) (3).
Click to expand...

Someone knows there civil codes or did you just look it up :D
 
C

CA. LL

Guest
Was in property management for 20+ years. Am now retired. Worked for large management companies and at large apt. communties. Trained personel and at one time taught the junk. It was rewarding and challenging. Try attempting to get 700+ residents to behave, get along, and pay their rent sometime while at the same time you ensure your staff has job satisfaction and all of the owners and cheifs are happy little campers too.

Been around more than this message board forum to boot for over 2 years now. Some codes I have memorized some I have to look up when attempting to help people.

The teacher within me is why I ask you questions. I want to know what you have learned or need to read about. I'm not here to be a know it all rather it's just to help some folks with things I have experience, training, and knowledge in.
 
Last edited:
J

Joseph_free

Member
CA. LL said:
Was in property management for 20+ years. Am now retired. Worked for large management companies and at large apt. communties. Trained personel and at one time taught the junk. It was rewarding and challenging. Try attempting to get 700+ residents to behave, get along, and pay their rent sometime while at the same time you ensure your staff has job satisfaction and all of the owners and cheifs are happy little campers too. Been around more than this message board forum to boot for over 2 years now. Some codes I have memorized some I have to look up when attempting to help people.
Click to expand...
Wow! Okay. I need more help. I am sure you have tons of contact. May you investigate lodger situations?
Thanks,
Joseph_free
 
C

CA. LL

Guest
Sorry, I don't ask my attorney friends to help me in volunteering for free. They are busy. See if you have a law student clinic near you for possible help.
 
N

non-ditzyblonde

Member
John,

I understand your situation. It just seemed like you were concerned about the Feb. 1 deadline, which is why I was trying to figure out why you didn't call the rental office directly.

Okay, so the new owner wants you to sign a new lease. Since you haven't had a rent increase for a while, I'm guessing that your current rent is below market, and the 20% jump would bring it up to comparable units. If you feel the increase is too high, though, I would consider negotiating a smaller increase. Depending on various factors (vacancy rates, etc.), the owner may be willing to accept a lower figure from a good tenant.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top