We sent a rent and security deposit increase to the old address of a person who is handling the rent payment for a family member who is our tenant. We originally gave them 35 days but now it will be less. Can we still increase the rent for next month? Also, will an email follow up to the letter suffice?
Administrative Law Lawyer
I recommend that you be a bit cautious here. You should try to make direct contact with the person who is handling the rent payment and confirm that they have received notices of a rent and security deposit increase. E-mail is probably a good start but you definitely want to follow up with a regular mailed letter, possibly with a receipt confirmation. I would push the new increase date out for 30-days to make certain that communications were properly received.
This is not a substitute for a consultation with an attorney with a background in housing law.
How much is your rent increase? Under California law (Civil Code section 827(b), the landlord must give the tenant at least 30 days' advance notice if the rent increase is 10 percent or less of the rent charged at any time during the 12 months before the rent increase takes effect. However, the landlord must give the tenant at least 60 days advance notice if the rent increase is greater than 10 percent.
Email service alone is insufficient under Civil Code section 827(b)(1)(A).
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 Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.