Advice for this perplexed Landlord (low income, rental, month to)

[Marky123]

My name is Mark, and I have a duplex that I rent in Sherman oaks.

I wanted to see if I can legally and ethically, raise the rent for my back unit. The small one bedroom unit in the back has 2 adults and 1 child. When the couple moved in 6 years ago, it was just the 2 of them, however, they had a child 9 months later after moving in (child is now 5 years old).

I have never raised the rent, as I didn't want to put any financial burden on them as they are a low income family. With expenses climbing, i wanted to raise their rent. I know it can only be 3% per year, but the question is, can I raise it more because on their original rental agreement, it was rented to them as 2 people in the residence. Obviously, with the child coming it means 3 people in the unit and therefore changing the rental agreement.

I wasn't sure if I can bring it up to them legally, that because of their son, I can raise it more because of "wear and tear" on the unit.

Please let me know what you think! Thanks so much!

Mark

[disgruntled la native]

Is there something on the original agreement that states an additional occupant not on the lease is subject to a fee?

[nightlysparrow]

Why only 3%? Is it under rent control?

[Marky123]

Yes, it's under rent control.

[Marky123]

Nothing in the rental agreement says anything about additional tenants...Still wondering...

[CALGUY]

You are allowed to raise the rent yearly 3%, but because the rental agreement states two people, you can charge for the additional tenant, but not retroactively.
With a written thirty day notice(if the rental is month to month), you can raise the rent to ten % of the monthly rent for the additional tenant, and add a clause to the rental agreement that on a specific date, a third tenant is agreed too by all parties, and get the tenants to sign the rental agreement addition.

Bob.

[Marky123]

Thanks Bob! Although, I still feel like a schlub for charging for thier kid!

[jw2]

As far as the minor child, LA RSO says (as of July 15, 2011) you cannot raise the rent for an additional tenant for the first minor child. Read this handbook Marky, http://hcidla.lacity.org/system/file...pdf?download=1

[NY Annie]

If you want landlording advice, the best place is in the renting forum. I know there at least 2 California landlords who give advice there.

[Marky123]

Thanks jw2! I wasn't sure, but now I know I can only do the 3%!