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Under CA landlord tenant laws how much notice is a landlord required to provide before rent increase

Upland, CA |

I was just told yesterday by my neighbor that not only are our leases due for renewal come Nov. 1st, but that we have a rent increase as well. Question is- how much of a notice does the landlord have to give for this to be legal? How many days?

If notice is rec'd hand delivered on 11/08/08 by landlord that rent will increase (by 11%!) beginning Jan. 1, 2009 (current lease expires 12/31/08); what is time period tenant is required to sign the new lease/ or give notice to move out. My landlord is requiring we do one or the other by 11/30/08. Am I really required by law to sign a new lease while the current lease is still in effect? I would like to have more time and he isn't even giving 30 days. He is also changing the grace period to the 3rd of the month with a late fee of $200 and 10% of any unpaid rent. Isn't the standard $50 and grace period 5 days? Are the any laws protecting the tenant here?

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Attorney answers 1


Well, no ... you dont' have to sign a new lease while the old one is still in effect.

As to how much notice is required, there is probably a clause in your lease that will control notice for rent increases. If not, the landlord probably doesn't need to give more than 7 days notice that the new lease will contain a rent increase. (If its a month to month lease, the landlord needs to give 30 days notice.)

If you're in a rent-controlled district, of course, local laws proabably give you additional rights.

Remember, though, that rentals are pretty freely available these days so you may avoid the rent increase by simply finding a cheaper place.