18% rent increase with 3 days notice (Los Angeles, West Hollywood: section 8, rental, how much)

[emaij]

We have 1 year lease. In the past, landlord has told us the rent is going up in the 4% vicinity when he raised rent. This time, he emailed us a new lease 3 days before expiration with an 18% increase. If it were month to month, he would have to give 60 days, but I don't see such restrictions for a lease with term of a year. Correct?

[donmontalvo]

Housing Rights Center : Top 10 Most Frequently Asked Questions - Landlord/Tenant

How much can a landlord legally raise the rent?
Under California Law there is currently no maximum limit for rent increases.

As of January 1, 2001, a 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. A landlord must give 60 days’ advance notice if the rent increase is greater than 10 percent. (Civil Code Section 827b.)

Buildings under rent control in cities such as City of Los Angeles, Beverly Hills and West Hollywood, fall under different rules. For example, in Los Angeles, owners of buildings that fall under rent control can only raise the rent 5% per year. Landlords can raise the rent one additional percent (1%) for gas and/or one percent (1%) for electricity when the landlord pays all the costs of either of these services for the tenant.

[emaij]

My understanding is that the 30 and 60 day notice requirements apply only to month to month leases. We were emailed a lese 3 days prior to expiration of the current 1 year lease. I know knew about the rent increase once I had read the new lease.

[incognitoe]

must be nice to own property in today's market.

[Ruth4Truth]

Originally Posted by emaij

My understanding is that the 30 and 60 day notice requirements apply only to month to month leases. We were emailed a lese 3 days prior to expiration of the current 1 year lease. I know knew about the rent increase once I had read the new lease.

OP, read the first paragraph of the relevant law that was posted. If you read it carefully, it will be obvious that it applies to 1-year leases, too.

[emaij]

I initially thought that was the case, Ruth4Truth, but when I read the text of 827b, it does that it applies to week to week, month to month, or terms less than a month:

827(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.

[Ruth4Truth]

Originally Posted by emaij;40921723
(2) If the proposed rent increase for that tenant is 10 percent or
less of[B

the rental amount charged to that tenant at any time during
the 12 months prior to the effective date of the increase[/b], 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.

I read this very differently than you. I don't know why you think this is discussing a month-to-month rent, not a year lease.

[Electrician4you]

Originally Posted by emaij

We have 1 year lease. In the past, landlord has told us the rent is going up in the 4% vicinity when he raised rent. This time, he emailed us a new lease 3 days before expiration with an 18% increase. If it were month to month, he would have to give 60 days, but I don't see such restrictions for a lease with term of a year. Correct?

3 day notice to raise rent isn't right. He has to give 30 or 60 day notice. The 30/60 applies to your length of stay in the unit.
Ok
Lease renewal term is what the month to month, yearly lease means. It's a stated length of time your lease remains in effect with a set agreed price to be paid.

A change in terms requires a notice. If you lived on the property less than 12 months and a agreed month to month term the LL only needs to give you a 30 day notice as you cannot reach the 12+ Months length of time. In order for the LL to raise the rent under those conditions you would have to be on a month to month term. Otherwise you would be on a year lease and he can't raise rent.

If you are renting under a 12 month (aka year lease) term, the LL has to give you 60 day notice because your term ends after 12 full months. Since he is increasing the rent OVER 10% he has a additional 30 days notice requirement. thats on top of the normal 30 day required notice. The over 10% raise is what kicks the additional 30 day requirement IMO.

[Hemlock140]

The landlord is not increasing their rent, so the 30-60 day code does not apply. The lease is expiring, the year is up. The landlord may charge whatever he wants and add any additional provisions/restrictions he wants, the tenant can take it or move out on or before the last day of the one-year lease. Raising rent means increasing it while still on a lease, so the law applies to MtoM or a term lease with provisions for rate increases during the term.

[emaij]

Originally Posted by Hemlock140

The landlord is not increasing their rent, so the 30-60 day code does not apply. The lease is expiring, the year is up. The landlord may charge whatever he wants and add any additional provisions/restrictions he wants, the tenant can take it or move out on or before the last day of the one-year lease. Raising rent means increasing it while still on a lease, so the law applies to MtoM or a term lease with provisions for rate increases during the term.

So nothing I can do in this scenario? If we had been given any notice we would have moved.