How can a landlord legally increase the rent on a month-to-month rental agreement?
In California, a landlord may legally increase the rent on a month-to-month rental agreement if he or she provides the tenant with a 60-day notice of the increase in advance. This notice must include the amount of the increase, the date the increase will take effect, and the length of the new rental term in order to be valid. The amount the landlord can increase the rent must also remain within the local rent control ordinance limits, if the rental unit is located in a city or county with a rent control ordinance. In addition, a landlord cannot increase the rent on a month-to-month rental agreement in retaliation for a tenant’s complaint or request for repairs. Increasing the rent in this manner is illegal and could result in a civil lawsuit against the landlord. That being said, a landlord can also increase the rent on a month-to-month rental agreement if the tenant agrees to the increase in writing. The tenant must be provided with a written notice that is signed by both the landlord and tenant and which outlines the terms of the agreement, including the amount of the increase, the date the increase will take effect, and the length of the new rental term. Upon signing, the tenant has legally agreed to the increase and is legally bound to the new rent amount.
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