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Mrs Scuba
Aries
Hottie
Norwalk, CA
Posts: 167
APPD 0.02
Post Rank: 118
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Posted: Mar. 30 2004,7:31 pm |
Post # 2 |
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Here's a little info I found on the web, hopefully it will help you.
Read your lease carefully. It may explain what you must do. For example, the lease may have an "automatic-renewal" clause. This means that if you are planning to move, you must tell the owner before the lease runs out. The clause applies to the owner as well; he or she also must ask you to move before the lease ends. Otherwise, the lease will be renewed for the same period of time as the original agreement.
Note: Automatic-renewal clauses cannot be enforced unless they are printed in bold type as large as this.
What if you have a six-month or one-year lease, but no automatic-renewal clause? If you pay rent monthly and the owner accepts your rent after the lease is up, the agreement is automatically renewed on a month-to-month basis. Your lease may not be a standard six-month or one-year agreement. Instead, it may specify a particular ending date. In this case, you can stay in the apartment past that date on a month-to-month basis if the owner accepts your rent payment.
CAN MY RENT BE RAISED? It depends. In a rental agreement, your landlord can raise your rent any amount if he/she gives you written notice. The length of the notice time must be at least as long as the period between your rental payments. For example, for a month to month rental, the notice cannot be less than 30 days. If you have a lease, your landlord cannot raise your rent unless there is a provision for this in the lease agreement. (Sec. 827 of CC) Rent control ordinances exist in some areas of California. Check with your local supervisor or city council representative for more information about rent control ordinances. Written notice. The landlord has to give us 30 days written notice. This does not mean any 30 days, but 30 days before the end of a rental period. For most of us this is the 1st, but if for some reason you rent from 10th to 10th, for example, then you should be notified 30 days before the 10th. If you rent from 1st to 1st and you get a notice on August 8th raising your rent, then it doesn't go in to effect until October 1st.
Many of us have rent due on the 1st but payable on the 5th (that is to say, we have a 5 day grace period written into our contract). If this is the case you have the right to receive the notice 30 days before the 1st, not the 5th. If your lease is expiring and the landlord is going to raise your rent, they need to tell you 30 days before your rent expires.  
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BigBoyToys
Pisces
HDF Supporter
Chillin' in the Pacific Northwest
 
Spokane, WA
Posts: 5,940
APPD 0.74
Post Rank: 12
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Posted: Mar. 30 2004,8:35 pm |
Post # 5 |
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Good deal!! Stand up to them. I have been around real estate and rentals all my life, and have grown up with my parents owning lotsa rentals over the years. I have even been an Apartment Manager years ago.... Let me assure you, they absolutely CAN NOT raise your rent without at least 30 days notice, and even then, no more than 10%. But just for giggles, here's the actual law for ya.
EXISTING LAW :
1)Generally requires landlords to give 30 days notice before
changing the terms of a month-to-month lease and allows the
parties to agree in writing to a shorter notice period of not
less than 7 days. (Civil Code section 827.)
2)Requires that such notice be given in one of the following
ways:
a) By delivering a copy to the tenant personally;
b) By leaving a copy with another person and mailing a copy
to the tenant; or
c) By posting a copy to a conspicuous place on the
property, leaving a copy with an individual residing at the
residence and mailing a copy to the tenant. (Code of Civil
Procedure section 1162.)
3)Provides for service by mail when such service complies with
specified mailing procedures, including that the notice bear a
notation of the date and place of mailing or be accompanied by
an unsigned copy of an affidavit or certificate of mailing.
(Code of Civil Procedure section 1013.)
And, in addition, after the end of a Specific period lease, such as a yearly lease, the lease automatically rolls over to a month-to-month lease until such time that a new long term lease is contracted. Your Landlords don't have a Leg to stand on. And furthermore, when it comes to a security deposit, Landlords can only collect for inordinary damage, and cannot withhold any of your deposit for normal wear and tear (My parents lost a biggee in court on that one) and don't forget your interest...it's mandatory in California that an individual's security Deposit is set aside, not co-mingled with other monies, and required to pay the Tenant interest at the prevailing rate. Want more info?? 
 OBAMA=OneBigAssMistakeAmerica |
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GoFastRacer
HDF Supporter
V-Driver For Life!
  
Big River, Ca
Posts: 62,882
APPD 7.81
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Spectra20
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Posted: Mar. 31 2004,4:59 am |
Post # 10 |
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It's what makes the world turn!. 
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BigBoyToys
Pisces
HDF Supporter
Chillin' in the Pacific Northwest
Spokane, WA
Posts: 5,940
APPD 0.74
Post Rank: 12
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Posted: Mar. 31 2004,5:38 am |
Post # 12 |
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Why don't ya's just buy a house and be done with them Landlord Fockers? Â With interest rates as low as they are, more times than not, a monthly mortgage payment is less than a rental payment  Â Toss in the tax breaks that go along with home ownership and you come out lotsa $$ ahead.
For instance, we just refinanced our house. Monthly payments including Principal, interest Tax, and insurance (PITI) is around $1400.00 per month. 95% of what I pay per year is Tax deductable. Not bad for an 8 Bedroom, 3 Bath house. Plus, on top of that, you MAKE money by appreciation. Currently, our house values in my area are increasing in value at a whopping 2% per month. That comes out to be about $60k per year in my case
Buy a house and reap the rewards and ya don't have to deal with Landlords anymore
Edited by BigBoyToys on Mar. 31 2004,5:44 am
OBAMA=OneBigAssMistakeAmerica |
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GoFastRacer
HDF Supporter
V-Driver For Life!
Big River, Ca
Posts: 62,882
APPD 7.81
Post Rank: 1
Spectra20
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Posted: April 01 2004,4:56 am |
Post # 23 |
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| Quote (BigBoyToys @ April 01 2004,5:38 am) | | Quote (Delusion @ Mar. 31 2004,9:28 pm) | It worked  out today............way to go honey!      To think they could actually mesh with us..............you me all the way! Delusion will post later......I just have to get his tired stressed out ass off of the sofa again for the third night now!      Maybe I should just sit on his face!  |
Glad to hear that it worked out  Here's to 1 for the little guy winning out over the big guy (The system)   |
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Please help keep HDF free. If you
enjoy this site, feel free to make a donation to keep it running. THANKS!
3-15-2025 Three Word Post.....The Next Generation.... (Rep.#19,659) from: GoFastRacer
That will usually squash any problems. LOL 
I just hope your situation works out more smoothly. 
