Can a landlord increase a tenant's rent during a lease?
In California, it is not permitted for a landlord to increase a tenant’s rent during a lease. According to the California Civil Code, a landlord must follow the rental agreement in place during the term of the lease, unless both the tenant and the landlord agree to a change. If the rental agreement indicates a fixed rent amount to be paid for the duration of the lease, the landlord is not allowed to increase the rent. If a landlord wishes to increase rent during the course of a lease, the landlord must provide written notice of the increase, in accordance with the guidelines set forth in the California Civil Code. The notice must indicate the date the new rent amount will take effect, and must be given to the tenant no sooner than 60 days before the increase is effective. If a tenant feels that their rent has been illegally increased, the tenant has legal remedies. The tenant may file a complaint with the California Department of Housing and Community Development, and the department can investigate the situation. The tenant may also choose to terminate the lease and move out. If the landlord attempted to increase the rent without providing proper written notice, the tenant may be eligible for a refund of some of their rent payments.
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