How much warning does a month-to-month renter get?

October 30, 2006 5:42 PM

California Rental Laws - terms of "month to month" ?

Hey there, looking for some jailhouse-- er, Webhouse lawyers out there, with knowledge of California Rental regulations.

My lease with my apartment complex expired, and I'm now on month to month. This means that they can change my rent every month, and probably will, in trying to drive me towards a lease or to leave.

What this currently means is, 2 days before my rent is due, I go down to the office and ask how much rent will be for the next month. They tell me, and I write them a check on the first.

How far in advance of "rent due day" (the first of the month) are they obligated to tell me how much rent is? How does this interact with my "number of days ahead of time I must tell them I'm moving out" date?

It seems to me like they could horribly surprise me - double my rent - and I'd be obligated to pay it, because I no longer have enough time to warn them I'm moving out.

They claim they have no obligation to tell me the next month's rent until the day I need to pay it. This would surprise me.

posted by Very Witty, Wilde! to Law & Government (7 answers total)

Best answer: Before raising your rent 10% or less, your landlord has to give you a 30-day-notice. If the rent increase is more than 10%, the landlord must give you a 60-day-notice. Some rent-control laws limit a landlord's right to raise rents or evict you.

Source.
posted by sanko at 5:59 PM on October 30, 2006

Response by poster: I should point out that I'm in the Bay area, if that matters.

Thanks, sanko. The source you quote is "County of Los Angeles Department of Consumer Affairs", and it doesn't cite any greater authority. Is it likely they are citing state regulations, or could this be specific to LA County?
posted by Very Witty, Wilde! at 6:07 PM on October 30, 2006

Best answer: The actual law is California Civil Code section 827(b), accessible here, and yes, it applies to all of California.
posted by trevyn at 6:12 PM on October 30, 2006

Response by poster: You guys are outstanding. trevyn, I'm particularly happy to learn about "www.leginfo.ca.gov". That will come in handy in the future. How is it that you happen to know about it? Are you, in fact, a Webhouse Lawyer?
posted by Very Witty, Wilde! at 6:19 PM on October 30, 2006

Just a citizen who likes to know the letter of the law. Yes, it's a very handy site.
posted by trevyn at 6:22 PM on October 30, 2006

Rent laws change from city to city, what part of the Bay Area are you in?
posted by aspo at 7:14 PM on October 30, 2006

I bet if you read your lease carefully, you will find that your lease did not "expire" but that the terms of the lease are being renewed on a month-to-month basis. This small but important distinction means they still have to give you the rights of a resident, and you still have to follow their rules. If the lease actually "expired" you would have no obligation to pay them rent, and they would have no obligation to make sure your water continues to run from the faucet.

Somewhere in that lease, they should have spelled out exactly what kind of notice they must give you for rent increases, and exactly what kind of notice you are required to give should you want to move out. As others have pointed out, there are also laws which govern these things, and I am not an expert in California multi-family housing law.

Unless there is some reason to continue on a month-to-month basis (imminent job transfer, planning to buy a house, major life change expected, just plain want to move), it is in everyone's best interest to talk to management about a lease renewal. That locks in your rent, limits their ability to force you to move, and guarantees them that your unit will be occupied.
posted by ilsa at 9:05 AM on October 31, 2006