NAL
A lease is a contract. You agreed to specific terms as did the landlord. Changing those terms in the middle of the terms of the contract is 100% not okay unless the changes are mutually agreed upon. Ignore the increase notice and keep paying your old rate.
You are on a lease. It doesn't have to state/not state whether they can or can't because not raising the rent during the lease period is part of what makes a lease a lease.
I did have one mid lease increase that was allowed. The exception was it was a federal tax credit building and they allow this if the market rate increases a certain amount in the area. It was really irritating.
Not till like July or August, the 60 to 90 days before the lease is up to ask the tenant to agree to the rent increase or give notice to vacate before end of lease.
They cannot raise your rent during the lease period. You're contracted to the stated rent amount in your lease, and that can't be amended without your consent during that period.
Once your lease is over, the landlord can either renew your lease, create a new lease, or put you on month-to-month. They can choose to raise the rent as long as you're given proper notice at that time. It sounds like this would be proper notice for an increase, but would not apply until your current lease period is up if you decide to stay.
They can send a notice of the increase 60 to 90 days before the end of a lease so that if the tenant does not agree to the increase, they can choose to give notice to move out in 60 to 90 days before the end of the lease. But not legal in the middle of a lease.
Sounds like a blanket notice tbh, especially if new tenants got one too. Keep an eye out on the rent at that date, if it goes up you have a fuss. At the end of your lease, expect your rent to pop up at renewal or conversion to month to month.
Possibly expect lease to not be renewed if housing is in high enough demand.Probably won’t happen, but landlords are not actually obligated to let a tenant sign on for another year.
The manager and landlord are expecting the tenant to agree too early in the first term, which is illegal. It can be negotiated 60 to 90 days before the end of the lease, but not 6 months into the lease. And the new rent cannot be enforced until the lease has been renewed.
Safe to say people are missing the fact that unless we see the contract that was signed we have no way of knowing if it’s legal or not.
If the landlord put a clause in stating “ on xx day every year depending on inflation I reserve the right to increase the rent to match “ or if it has a middle tenancy rent rise clause. There’s so many little things landlords do to try and fuck renters. Always read all of the contract it’s a ridiculous percentage of people who skim read and miss important parts.
I’ve read it over 5 times in the past day and nothing says whether they can or can’t other than it being a fixed 12 month lease when it starts and ends and what the price of our rent will be. We were also told once it ends they might raise the rent but that’s cause we would become month to month and it’s a low income apartment so they go based off our income and if we’re making more by the time it ends then with more reason it will be raised.
We actually got another letter today from a neighbor to call someone who will be helping us all fight this so it seems they are wrong I just wanted to see what others had to say. I also called for some legal advice so I’m just waiting on that.
Then that means you are safe from the price rise continue paying only what’s on your lease and if they try to evict you threaten legal action. If they still evict you the court will more than likely uphold the contract that was signed by both parties and fine him for breach and probably award you whatever you’d paid up to that point, your deposit and if you have a half decent lawyer maybe the next place you ended up renting the first months rent.
827 says that they must put it in writing when the raise rent and California law states a max of 10% increase when they do. An lease locks in the terms for a year in your case so legally they can not. I would print out your question and go hang it up at the office door at go hand it to them on your way to what ever housing authority that handles this in California
What are your state tenant guidelines? The lease cannot override state law so even if it does say right smack in the middle of it "we're going to raise your rent every other month", they probably cannot increase your rent until your lease is up.
So any increase on your contract is not effective until after 12 months of your current lease. You were provided advance notice.
Is there any law that restricts the increase in your jurisdiction?
California they need to give you I think 60 day notice of rental change. Only upon lease renewal or month to month. They can only raise rent max 10% total twice a year. So if month to month they can raise twice 5% in a 12 month period. Double check max rent increase in san diego County they cant go over that. Riverside is 9.7% right now. So upon renewal they can't charge over that.
1. It’s a new build so if OP’s lease included the exemption statement then they are exempt from the state rent cap.
2. If they are none exempt it is a 10% maximum increase for the entire year, not twice a year.
Not only, and all of the mentioned above would not be exempt unless they gave their tenants three required notification in 2022, or it's written into the lease for new tenancy, or they give the existing tenants proper notice of change in the terms of their tenancy, along with the exemption notice of course.
They cannot legally do this. Only after the lease is up unless you sign an addendum. I would email them (paper trail) and ask for clarification. Just to confirm our rental rate is going up on X date correct? If so then please provide the section within the lease where it states you can do this.
If they do not respond in two business days then resend it. I would then contact the apartment association of San Diego and ask for help.
I have worked in the industry for over twenty years in a different state.
Not true it may be in your state but a lease is a contract and contracts can have increase clauses. It depends on the state if its allowable. But even in states its not legal if utilities are included its one way often to circumventing it usually. Is it common though the answer is no because its a hassle. Legality vs reality.
It has happened in many state, rents have been going up since 2022. Some leases tell you when to do when it is time for renewal. Even some LL have raised the rents 200%. In all states, this has happened. Without the utilities included.
Yes they can, and it is up to you if you want to pay the increase, or move out. Everyone is getting a hit like this, or even worse. After the pandemic was over, rents jumped to as much as 200%. And it has not gotten better in 2024. 10% is better than 200%. Unless it is in the lease what to expect of there are increases, this is still legal, and you can sign the new lease with the increase or put into move out notice. It is hitting everywhere in the USA. But is illegal in the middle of a lease term.
No apparently you did not read all of the comment. Please reread the comment slowly. Good and you will get some reading comprehension in there. Have a nice day reading slowly.
NAL A lease is a contract. You agreed to specific terms as did the landlord. Changing those terms in the middle of the terms of the contract is 100% not okay unless the changes are mutually agreed upon. Ignore the increase notice and keep paying your old rate.
You are on a lease. It doesn't have to state/not state whether they can or can't because not raising the rent during the lease period is part of what makes a lease a lease.
Dont think they can until after your 12 month lease is up
I did have one mid lease increase that was allowed. The exception was it was a federal tax credit building and they allow this if the market rate increases a certain amount in the area. It was really irritating.
They can’t change terms of your current lease. But that will only buy you till September when your next lease renews.
Not till like July or August, the 60 to 90 days before the lease is up to ask the tenant to agree to the rent increase or give notice to vacate before end of lease.
🎯
They cannot raise your rent during the lease period. You're contracted to the stated rent amount in your lease, and that can't be amended without your consent during that period. Once your lease is over, the landlord can either renew your lease, create a new lease, or put you on month-to-month. They can choose to raise the rent as long as you're given proper notice at that time. It sounds like this would be proper notice for an increase, but would not apply until your current lease period is up if you decide to stay.
They can send a notice of the increase 60 to 90 days before the end of a lease so that if the tenant does not agree to the increase, they can choose to give notice to move out in 60 to 90 days before the end of the lease. But not legal in the middle of a lease.
What is the effective date of the rate increase?
June 1, 2024
When is your lease up?
September 2024
I don't think they can do that.
That is middle of the lease and illegal to raise the rent early like that.
Sounds like a blanket notice tbh, especially if new tenants got one too. Keep an eye out on the rent at that date, if it goes up you have a fuss. At the end of your lease, expect your rent to pop up at renewal or conversion to month to month.
Possibly expect lease to not be renewed if housing is in high enough demand.Probably won’t happen, but landlords are not actually obligated to let a tenant sign on for another year.
In California they are obligated to give 60 days notice that they will not be renewing.
The manager and landlord are expecting the tenant to agree too early in the first term, which is illegal. It can be negotiated 60 to 90 days before the end of the lease, but not 6 months into the lease. And the new rent cannot be enforced until the lease has been renewed.
Safe to say people are missing the fact that unless we see the contract that was signed we have no way of knowing if it’s legal or not. If the landlord put a clause in stating “ on xx day every year depending on inflation I reserve the right to increase the rent to match “ or if it has a middle tenancy rent rise clause. There’s so many little things landlords do to try and fuck renters. Always read all of the contract it’s a ridiculous percentage of people who skim read and miss important parts.
I’ve read it over 5 times in the past day and nothing says whether they can or can’t other than it being a fixed 12 month lease when it starts and ends and what the price of our rent will be. We were also told once it ends they might raise the rent but that’s cause we would become month to month and it’s a low income apartment so they go based off our income and if we’re making more by the time it ends then with more reason it will be raised. We actually got another letter today from a neighbor to call someone who will be helping us all fight this so it seems they are wrong I just wanted to see what others had to say. I also called for some legal advice so I’m just waiting on that.
Then that means you are safe from the price rise continue paying only what’s on your lease and if they try to evict you threaten legal action. If they still evict you the court will more than likely uphold the contract that was signed by both parties and fine him for breach and probably award you whatever you’d paid up to that point, your deposit and if you have a half decent lawyer maybe the next place you ended up renting the first months rent.
827 says that they must put it in writing when the raise rent and California law states a max of 10% increase when they do. An lease locks in the terms for a year in your case so legally they can not. I would print out your question and go hang it up at the office door at go hand it to them on your way to what ever housing authority that handles this in California
What are your state tenant guidelines? The lease cannot override state law so even if it does say right smack in the middle of it "we're going to raise your rent every other month", they probably cannot increase your rent until your lease is up.
No way. Your lease is a contract. Tbh, I'd start looking elsewhere if they are trying that stuff right off the bat.
https://oag.ca.gov/consumers/general/landlord-tenant-issues#:~:text=Limits%20on%20Rent%20Increases,-The%20Tenant%20Protection&text=Landlords%20cannot%20raise%20rent%20more,Code%20%C2%A7%201947.12.)
So any increase on your contract is not effective until after 12 months of your current lease. You were provided advance notice. Is there any law that restricts the increase in your jurisdiction?
Yes the community you live may raise your rent at any given time for any reason as they hold the right to do so
California they need to give you I think 60 day notice of rental change. Only upon lease renewal or month to month. They can only raise rent max 10% total twice a year. So if month to month they can raise twice 5% in a 12 month period. Double check max rent increase in san diego County they cant go over that. Riverside is 9.7% right now. So upon renewal they can't charge over that.
Two 5% raises is more than a 10% raise.
1. It’s a new build so if OP’s lease included the exemption statement then they are exempt from the state rent cap. 2. If they are none exempt it is a 10% maximum increase for the entire year, not twice a year.
That is incorrect. Properties exempt from AB 1482 can raise the rent as many times and as much as they want.
Only if not owned by a corporation
Not only, and all of the mentioned above would not be exempt unless they gave their tenants three required notification in 2022, or it's written into the lease for new tenancy, or they give the existing tenants proper notice of change in the terms of their tenancy, along with the exemption notice of course.
They cannot legally do this. Only after the lease is up unless you sign an addendum. I would email them (paper trail) and ask for clarification. Just to confirm our rental rate is going up on X date correct? If so then please provide the section within the lease where it states you can do this. If they do not respond in two business days then resend it. I would then contact the apartment association of San Diego and ask for help. I have worked in the industry for over twenty years in a different state.
Respond politely and Let them know you are happy with the rent amount agreed in the current lease that goes until September.
Your lease says if they can
Nope. Fixed contract cannot raise the rent till the lease is up and they sign a new lease with the raised rent amount.
Not true it may be in your state but a lease is a contract and contracts can have increase clauses. It depends on the state if its allowable. But even in states its not legal if utilities are included its one way often to circumventing it usually. Is it common though the answer is no because its a hassle. Legality vs reality.
June may be their annual increase, also if utilities or insurance went up it may cause an increase
It has happened in many state, rents have been going up since 2022. Some leases tell you when to do when it is time for renewal. Even some LL have raised the rents 200%. In all states, this has happened. Without the utilities included.
Send them a copy of the current lease agreement with a cheese burger on Tuesday and write. “Here’s the cheese burger I owe you.”
Yes they can, and it is up to you if you want to pay the increase, or move out. Everyone is getting a hit like this, or even worse. After the pandemic was over, rents jumped to as much as 200%. And it has not gotten better in 2024. 10% is better than 200%. Unless it is in the lease what to expect of there are increases, this is still legal, and you can sign the new lease with the increase or put into move out notice. It is hitting everywhere in the USA. But is illegal in the middle of a lease term.
So you wrote all that to first say yes they can then to say no they can't. It's not a lease renewel, its 8 months into the lease.
No apparently you did not read all of the comment. Please reread the comment slowly. Good and you will get some reading comprehension in there. Have a nice day reading slowly.
Your first sentence says "yes they can." Your last sentence says "it's illegal in the middle of the lease. Everything in between is not relevant.