Rent increase and monthly fee?

[bobbyl579]

I have been at the same place for 3 years on a month to month agreement. 30 days ago I had an rent increase of 7%. I also received a notice that unless I signed a lease agreement that there would be an additional $100 per month fee charge. This adds up to over a 20% rent increase. Is this legal?

 

[Gail_in_Georgia]

What state do you reside in?

Gail

 

[bobbyl579]

Sorry, I live in California

 

[Gail_in_Georgia]

Unless you live in a rent controlled area of California, rents can be increased without limitations on month to month tenancies. However, the AMOUNT of time a landlord/management must provide for this increase to go into effect depends on the percentage of the increase. See the attached:

http://www.dca.ca.gov/publications/landlordbook/living-in.shtml

It is not unusual that month to month tenancies have rents that are higher than traditional yearly leases. While it is easier for the landlord to terminate a month to month tenancy, the same is true for the tenant and the assumption is that one pays a higher price for the "freedom" to be able to leave with just 30 days written notice.

Since you have lived there for 3 years a yearly lease agreement may be a good choice for you (unless your plans are due to change within that year time period).

I'm curious as to what this $100 monthly "fee" consists of. Is it simply a fee to be able to keep the month to month tenancy?

Gail

 

[bobbyl579]

Yes, basically unless I agree to sign the lease the $100 month to month fee will be added. I see it as a means to blackmail me into signing. I would rather move than be strong armed. I was just wondering in the mean while if I had grounds to contest this increase. I know that they have to give me 60 days notice of any increase above 10%, There position is that the fee is not part of the increase.
Since they did not give me the 60 day, at the least I should not have to pay until that period of time has past. The total increase over 45 days would be 23%
I have to add that there was never any issue with paying the rent on time.

 

[Gail_in_Georgia]

As previously mentioned, unless you are in a rent controlled area, rents can be increased without limitations to such.

Steps to terminate a month to month tenancy in California:

http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

Gail