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Can the Landlord now charge a deposit? After 2 years in property. Also can he now stated charge Late Fee for Late rent?

Compton, CA |

Live in a Duplex back house. There was never an agreement signed with landlord 2 years ago. Now the Landlord wants to raise rent by March 1st. Wants to come in and then ask for a deposit. Also wants to charge Late fee after new due date for rent every month. Raising Rent!? Deposit!? Late Fee!? New Rent due date!? This doesn't feel legal.

Attorney Answers 2


Unless Compton has a rent control ordinance restricting landlord's rights, the landlord can give you notice of termination of the original tenancy, then you have to agree to the new terms or move out. Since you have lived there more than one (1) years and if you are not in default, your landlord is required to give you 60 days notice.

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Yes. You have been a month to month tenant. The landlord can change the terms of your tenancy by giving you a written notice of change in terms of tenancy, which includes increasing the rent, imposing a security deposit, and implementing a late fee charge.

Generally speaking, any late fee charge must be reasonable and must be reflected in the lease or rental agreement.

The amount of rent increase will dictate the number of days noticed required, i.e., whether it is 30 days or 60 days.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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