18% rent increase with 3 days notice

[slo1318]

Originally Posted by onlymike

I would move. You don't want to be in a long fight with your landlord it's just time and money not well spent and at the end of the day you still have to deal with this person. Basically they gave you three days notice. That is not something you do to people so why live in this home. I say that as a landlord. Find a landlord that will treat you as a person. We all know rents are going up but 18% is too much.

You to also look at whats available. Maybe it was under market and he's adjusting. I cant imagine raising it that much though. Especially for a long term tenant, he could have phased it over a couple years and had a talk with him.

[tikkasf]

Originally Posted by onlymike

I would move. You don't want to be in a long fight with your landlord it's just time and money not well spent and at the end of the day you still have to deal with this person. Basically they gave you three days notice. That is not something you do to people so why live in this home. I say that as a landlord. Find a landlord that will treat you as a person. We all know rents are going up but 18% is too much.

This is likely your best option. Perhaps for whatever reason, this is what the landlord wants you to do. Without knowing specifics about the rental market in your area and what changes, if any, to the local economy where you live, there is really no way for us to know if you landlord is just trying to bring your unit up to market rate or something else is afoot. Has there not been rent increases over the years you have lived there though..?

[Electrician4you]

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.

Sorry but it doesn't work that way. UNLESS the lease is a fixed end date. Which I have never heard of anyone doing. Normally (added bold)

The LL has to give legal proper notices for any changes to a lease agreement. He can have a new lease signed but he must first terminate the existing lease. Because the initial lease is not expiring. What is happening is the term is changing from a year lease to a month to month. But the lease agreement has no end date unless the parties give notice to terminate. This is why there are notices in both raise of rent or termination. This is why there are sections that deal with how to terminate a lease or what happens to a lease agreement when the term is completed.Any changes to the lease must be agreed upon by both parties. I guarantee you that the initial lease has wording in how to terminate it. And the LL is not adhering to it.

If he wants a new rent amount
1. He has to give proper notice as the existing lease states and he can raise rent.
Or
2. If he wants a new lease agreement he has to terminate the first lease agreement because it's still effective and BOTH parties are bound to it

Because otherwise you're also implying if OP decided to move you she can give 3 day notice on her last three days of occupancy of moving out before lease ends to the LL. After all the lease expires OP can do as she pleases too. Or do you think LL would expect a 30 day notice. The notice to change terms or terminate would in fact apply equally to both parties.

[2sleepy]

Originally Posted by Electrician4you

Sorry but it doesn't work that way. Because the lease is not expiring. What is happening is the term is changing from a year lease to a month to month. But the lease agreement has no end date unless the parties give notice to terminate

Unless the landlord specifies in the lease that it will convert to month to month, it won't. There is no provision in California law for that to occur unless it is in the lease.

[Electrician4you]

Originally Posted by 2sleepy

Unless the landlord specifies in the lease that it will convert to month to month, it won't. There is no provision in California law for that to occur unless it is in the lease.

IF the lease is a fixed end date term ok you're right. I have never had or heard of anyone do such lease agreement. OP should read her lease agreement. If it has a renewal clause of a year or MTM notices kick in.

Have you ever seen a fixed end date term lease on a residential?

Originally Posted by onlymike

I would move. You don't want to be in a long fight with your landlord it's just time and money not well spent and at the end of the day you still have to deal with this person. Basically they gave you three days notice. That is not something you do to people so why live in this home. I say that as a landlord. Find a landlord that will treat you as a person. We all know rents are going up but 18% is too much.

This IMO is nothing more than a ploy to either trying to get them out, or jack up the rent. Yeah I would move too buy it would be practically impossible to find and move a place in three days.

[UB50]

I think Electrician4you has it right. I've never heard of a lease with a specific end date. Every lease I've ever had has gone from a lease to month to month until another lease was signed (if another one was signed). I'd check this out with an attorney.

[Ultrarunner]

Originally Posted by Electrician4you

Because otherwise you're also implying if OP decided to move you she can give 3 day notice on her last three days of occupancy of moving out before lease ends to the LL. After all the lease expires OP can do as she pleases too. Or do you think LL would expect a 30 day notice. The notice to change terms or terminate would in fact apply equally to both parties.

Hemlock is in Washington State and I have experienced this in Washington.

Had a tenant renting a home and had asked for stay so a new lease was prepared... tenant never executed...

On the 31st of the month the keys were placed in my property manager's mail box with a note saying they had vacated and a forwarding address... not a thing I could do as the term specific lease had ended and there were no holdover provisions.

[Ultrarunner]

Originally Posted by UB50

I think Electrician4you has it right. I've never heard of a lease with a specific end date. Every lease I've ever had has gone from a lease to month to month until another lease was signed (if another one was signed). I'd check this out with an attorney.

This is the real answer depending on what you want to do...

A local tenant advocate lawyer working for would be the only source I would trust.