Rent Increase when 12m lease changes to m to m (Orange: apartments, leases)

[drewex]

Hi all,
I live in terrace apartments in city of orange. My lease just ended and i went from 1year lease to month to month. They increased my rent by 12 percent. I called and asked of rent increase and they said the increment can be up to 5% only if I continued the lease. If i don't continue the lease they can increase 150 + market value. I need good evidence that they cant do that increase. Legal documents or something. Any opinions how i can get some info or from where. Thanks.

[nmnita]

Originally Posted by drewex

Hi all,
I live in terrace apartments in city of orange. My lease just ended and i went from 1year lease to month to month. They increased my rent by 12 percent. I called and asked of rent increase and they said the increment can be up to 5% only if I continued the lease. If i don't continue the lease they can increase 150 + market value. I need good evidence that they cant do that increase. Legal documents or something. Any opinions how i can get some info or from where. Thanks.

I don't know, even with rent control, my understanding is month to month is totally different..

Nita

[Dirk Bonner]

You could start here... LawHelp Housing Subtopics

[bhcompy]

I don't think the city of Orange has any rent control measures. Month to month is just that, month to month. They can up you every month as far as I know. You can move any time you please with 30 days notice in typical contracts that I've had and seen like that. Most of Orange County is free market as far as rent goes. I know Dana Point has some rent control, but other than that I don't know of any other places

[EscapeCalifornia]

Yeah month to month at most places is a total rip off. How can they expect your life changes to coincide exactly with a lease expiration? Luckily, the place I'm in only requires a 6 month lease at occupancy and reverts to M2M afterward without a penalty. I wasn't aware of any rent control in OC either.

[SandyCo]

According to California state law, any rent increase over 10% in any 12-month period requires a 60-day notice, but yes, on a month to month agreement, the landlord can raise the rent as high and as often as they want to as long as they give proper notice. (Raising the rent on anyone doesn't make a lot of sense right now, given the current state of the economy, but that's how some people are.)

A rent increase of less than 10% requires only a 30-day notice.

[nmnita]

Originally Posted by SandyCo

According to California state law, any rent increase over 10% in any 12-month period requires a 60-day notice, but yes, on a month to month agreement, the landlord can raise the rent as high and as often as they want to as long as they give proper notice. (Raising the rent on anyone doesn't make a lot of sense right now, given the current state of the economy, but that's how some people are.)

A rent increase of less than 10% requires only a 30-day notice.

are you sure about this now that his lease is up? He really has nothing.

I don't know, am just curious..If the lease is up it makes sense his landlord can do about anything. If he was already momth to month that I could see what you are saying. It just looks to me like there is a loophole there in the landlords favor.

Nita

[SandyCo]

If he signs a new lease, he's locked in at the new increase of 5% for a certain period of time - at least that's what it sounds like from his original post. If the City of Orange has no rent control, and he decides not to sign a new lease, then yes, the landlord can basically do whatever he or she wants as long as proper notice is given. Increasing his rent by 50% is entirely legal - as long as the landlord gives 60 days' notice of the change.

[nmnita]

Originally Posted by SandyCo

If he signs a new lease, he's locked in at the new increase of 5% for a certain period of time - at least that's what it sounds like from his original post. If the City of Orange has no rent control, and he decides not to sign a new lease, then yes, the landlord can basically do whatever he or she wants as long as proper notice is given. Increasing his rent by 50% is entirely legal - as long as the landlord gives 60 days' notice of the change.

I wish he would come back cause none of us seem to know what he plans on doing. I got the impression he did not want to sign a lease, just rent month to month.

Nita

[drewex]

Hey all, Ok i did some legal research with my realtor's contacts. Here is the deal
This below is correct. And there is no legal limitation going from 1year to m to m. They can do any type of raise with out limitation which sucks. In LA the subject is different, i have a friend lives in LA and had the same change 1y to 'm to m' but he only got 3% raise due to the link here. Moderator cut: link removed, competitor site

Or the house owner just doesnt know the law only goes for long term leases. which is great for my friend.

Also my apt only does 12m leases no other option. So they are acting smart. My plans is getting in to housing market in the following months. Which is totally a different subject. So it sucks that i have to pay the rent increase until i get out. Hopefully i can find a place before a year passes then i would be pist. Thanks for all the responses.

Originally Posted by SandyCo

According to California state law, any rent increase over 10% in any 12-month period requires a 60-day notice, but yes, on a month to month agreement, the landlord can raise the rent as high and as often as they want to as long as they give proper notice. (Raising the rent on anyone doesn't make a lot of sense right now, given the current state of the economy, but that's how some people are.)

A rent increase of less than 10% requires only a 30-day notice.