Can my landord raise my rent?
I am a tenant who has been renting an apartment for a year and six months. I have a
one year lease. In reading the lease more carefully, I have found it contains a “hold over” clause which states,”Any holding over at the expiration of this lease shall create a month to month tenacy at a monthly rent of $1000.00 payable in advance. All other terms and conditions herein shall remain in full force and effect.” Because of that I am under the belief that I have a monthly rent of $1000.00. Two weeks ago I found a letter by my front door. It was not mailed. My landlord informed me that while my husband and I were great tenants, she had to increase our rent by $75.00 because of rising costs (of what?) Do I HAVE to pay this increase? If I don’t what are the repercussions? This is also making me want to move, so how much notice do I need to give her?
Re: Can my landord raise my rent?
The holdover clause made you a month-to-month tenant at $1,000 a month. The landlord has the same right to raise your rent as with any other month-to-month tenancy, i.e. by giving advance notice, as she has done. The landlord seems to have acted within her rights, unless you live in a rent-control area.
A $75 increase after 18 months works out to 5% a year, which is not unusually high in today’s market. The ‘rising costs’ the landlord alludes to are, however, mainly the potential cost to you to move elsewhere.
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
P O Box 318
Tomales, CA 94971-0318