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But there was/is a lease in place so something in writing is required. And I have already explained, or it was somewhat of a given based on my posts, that "tenants do not have to agree to rent increases outside of a leases terms".
So where is the "over generalizing"?
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Originally Posted by Corn-fused
that increase HAS to be indicated on a lease or renewal addendum and signed by you or it is not valid.
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Originally Posted by Corn-fused
You pay ONLY what is on your most recent lease or addendum that you signed and agreed to.....period.
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Originally Posted by Corn-fused
unless they have a lease that specifically states that specific rent increase amount in question.
The last lease appears to be about 2 years old so it isn't in place, I'm pretty sure CA leases cannot exceed 1 year at a time but I could be wrong. I didn't see anywhere that you said anything along the lines of "tenants do not have to agree to rent increases outside of a leases terms" or anything of the sort. Hell this has seemingly confused the OP though that appears to be pretty easy to do. Posts #10 & #19 for example show that you have confused him on this. Most of that is probably because the OP isn't very clear with what has gone on in the past or what the LL is actually asking for right now; there seems to have been an increase in 2010 and a lease that is about 2 years old but the OP stated the LL was trying to charge back to 2006.
Quick clarification again with timeline included -
1997 - I moved in and signed lease with room mate at the time for $XXXX amount stated in this lease. Was there any mention of bank charge increases etc., to add to the rent amount in lease , now that is the question. I am trying to locate the original lease to see for sure. In the time period 1997 - 2014 , on probably 4 - 5 occasions, the landlord would drop by a 'change in terms of tenancy agreement' which outlined ............bank charge increase of 2.1% for stated period to increase rent to $XXXX amount. Exact wording. The rent would increase a few dollars but we just got on with it.
2014 - My room mate moved out so old contract so now null and void. Landlord states he will put up rent now. New rent on new contract for apt is increase of 19% over last year. On new contract with new room mate , landlord does not mention anywhere about 'bank charges' or rent increase of any sort.
2016 - Landlord mentions to me that he would be increasing the rent and going back to collect the 'bank charge increase' for the past several years that his father did not do so. The last year we saw the 'change in terms of tenancy agreement' letter was in 2010, and it is just signed by him with date and nothing else really there for anybody else to sign.
Now everybody bear in mind my landlord (son) lives right next door to me. About 20 feet away in fact. So, this is a situation that must be dealt with most carefully and with great diplomacy as anybody would agree. This son now collects the rent for the whole building since his father is getting older and getting out of the business.
Contact an attorney or tenant resource center in your area to get advice. You are going to need that advice to move forward on how to handle this situation anyway. They will get all the details needed from you when you contact them.
Its so tricky ....so tricky given the living situation as outlined.
Living in my city of San Francisco, is a blessing for tenants as tenant protection and fighting for tenant rights is withing easy reach. Makes me feel better .
2014 - My room mate moved out so old contract so now null and void. Landlord states he will put up rent now. New rent on new contract for apt is increase of 19% over last year. On new contract with new room mate , landlord does not mention anywhere about 'bank charges' or rent increase of any sort.
2016 - Landlord mentions to me that he would be increasing the rent and going back to collect the 'bank charge increase' for the past several years that his father did not do so.
Now everybody bear in mind my landlord (son) lives right next door to me. About 20 feet away in fact. So, this is a situation that must be dealt with most carefully and with great diplomacy as anybody would agree. This son now collects the rent for the whole building since his father is getting older and getting out of the business.
Took out the majority of the irreverent stuff because anything that has happened before 2014 doesn't matter at all.
Your LL cannot retroactively increase rent, end of story. If you had been given a notice of an increase since the end of the 2014 lease then that is all you need to worry about but he cannot go back and increase rent to try to collect it. He can at any time outside the terms of a lease increase your rent with proper notice assuming he stays in line with rent control requirements if it is a rent controlled unit. Your 2014 lease terms are still in place and all he has to do to change any of those terms moving forward is give you new notice of a change. This means that in order to increase the rent from here out he needs to provide you with notice to change the terms but he still cannot retroactively increase and demand payment.
See the whole conversation with centered around the big increase in water charges by the water company. He then said unfortunately he would have to implement past 'bank charge increase' never collected by his father for certain years in the past. Maybe he could just have said , you know since the water prices are really going up , I might have to increase the rent just a bit. But by bringing in retroactive collection of bank charges in the past was his way of increasing the rent to defray water price increases. Not at all the best approach by any standard.
Tenants with rent control can only be given rent increases based on what the law allows. Each year, a landlord can give tenants an annual rent increase, which is based on the Bay Area Consumer Price Index (i.e. inflation). Landlords can also pass on some costs to tenants automatically (without having to petition the Rent Board), including 50% of recently adopted bond measures, increases in PG & E costs (when paid by the landlord), and a portion of the annual “Rent Board Fee” which funds the Rent Board, In addition, landlords can petition for “capital improvement” rent increases and “operating and maintenance” rent increases. If tenants believe they have received an illegal rent increase (now or in the past) you should come in to the SFTU drop-in clinic and you can file a Unlawful Rent Increase petition at the Rent Board to get your rent overpayments refunded and your rent set correctly.
Annual Rent Increases
The annual rent increase can be imposed on or after the tenant’s “anniversary date.” The rent increase cannot be given sooner than 12 months from the last increase, the “anniversary date.” It can be given after, in which case that date becomes the new anniversary date. Annual increases can be “banked” by the landlord and imposed in later years. (For elaboration on this see your Tenants Rights Handbook or come in and talk to a counselor.)
So contact the SFTU to get advice on your situation so they can sort out all of the details. But the key issue here is, as I have stated in my previous posts, they can not charge you retroactively for anything.
But IF he is increasing your rent and just stating that it is due to some back issue then that is a whole other story. Rents can be increased for various reasons and only by certain amounts/percentages as stated directly above in that link.
Last edited by Corn-fused; 04-09-2016 at 07:53 PM..
Are you sure the landlord means to retroactively charge fees? Maybe he is going to just add on the rent increases for those years that weren't added to the rent. Not go back for retroactive rent, but raise the rent by 1/2% times the number of years that were skipped over (or whatever percentage he is legally allowed to raise the rent every year.)
Your question doesn't make a whole lot of sense and you are asking people who are not lawyers and who haven't read your lease. I suggest that you consult with a lawyer who specializes in tenant law. You aren't going to get a definitive answer from strangers on an internet forum.
Q: can your landlord raise your rent when the lease expires and is up for renewal?
A: Yes, of course.. and he does not need a reason.. can he call it a "banking charge"? well, that's a weird one
I am licensed in 2 states (but not in CA) and have extensive experience in Property Management and have heard of a Banking Charge
We raised rents whenever we felt the market warranted, we never provided a reason
I'm in Oakland and Landlords have been permitted to "Bank" allowable rent increases for future use.
So if I am allowed to raise the rent 2% and I choose to forego for the moment I do not lose my right to the increase at a later date...
If the Landlord has gone years without increasing the rent and then decides to do a max increase it could be substantial... however there are new rules limiting the increase to 30% in a 5 year period and only 10% per year and now there is a 90 day moratorium on any increase in my city
Only point this out because Rent Control can be very technical and it is constantly changing... this is why I have transitioned from residential to commercial.
Might want to check with the rent board or tenant's union on this.
Another way to look at it is for whatever reason the Landlord DID NOT increase the rent as permitted... so you in essence got a "Good" deal not having yearly rent increases and will still come out ahead even if all the "Banked" allowable rent increases are imposed going forward.
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