Comments
RoofKorean762 t1_j6nwg86 wrote
Just thought I had more time to save and not move. It feel like an eviction in a way.
sonnyfab t1_j6nx0yf wrote
You don't have a long term lease. You're just being asked to leave now that your lease is over. Eviction is when you're told to leave during the middle of your lease for breaking the contract.
librician t1_j6ny3gj wrote
No no no not in California!!!!
If you’ve been there more than a year it’s almost impossible to change the terms
sonnyfab t1_j6nzmaq wrote
Yes yes yes even in California!!!
Here's the law. Read Section b1E
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.2.&lawCode=CIV
"the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions."
OP could try to hire a lawyer to argue that a 10% rent increase isn't "similar provisions." But that's something we'll beyond what should be considered here at r/personalfinance
librician t1_j6o2hlo wrote
Almost impossible to change the terms=similar provisions.
[deleted] OP t1_j6nyi0u wrote
[removed]
Baldr_Torn t1_j6nubxv wrote
If you have a lease, they can't increase the price until the lease ends. But your lease has ended, and you have been month to month for a year. Now, they've decided to raise the price. Yes, they can raise the price. Yes, they can demand you sign a new lease if you want to stay. If you don't want to agree to that, then you can move out.
You can at least try to negotiate. For instance, offering to pay the 10% increase, but staying month to month. Or possibly agreeing to a 3 month or 6 month lease, then month to month. They may or may not agree.
RoofKorean762 t1_j6nwbd4 wrote
Thank you, great advice
timsta007 t1_j6nwypy wrote
There's no downside to asking/negotiating a lease that better suits your needs. I would expect the 10% increase is not negotiable but the duration is. While the landlord holds the power to dictate terms of the lease, there is a cost for them to replace you with another tenant so most will be reasonable to accommodate shorter lease requests in my experience.
RoofKorean762 t1_j6nzebb wrote
So we asked them if we can month to month and they just said simply yes.
The way told me about the increase, it sounded like it had to be a new lease. I must have read it wrong or I'm just stupid. This what the email said
"Hello RoofKorean762 and all other occupants, This Notice is to inform you that beginning on 03/01/2023 the monthly rent for the unit you currently occupy, (redacted) will be increased to $xxxx.xx per month on a 13- month lease term. This rental payment is due on or before the 1st day of each month. If you wish to continue your tenancy, let us know as soon as possible and we would be happy to prepare your lease renewal. Please be advised that all other terms of your original rental agreement remain in effect. Feel free to stop by the office for any questions you may have"
timsta007 t1_j6nzuz3 wrote
Nice outcome. I expect the 13 month lease is just a standard contract/lease extension that they use whenever raising rent.
RoofKorean762 t1_j6o0rkv wrote
Yeah i agree. Just strange how this time they didn't offer mtm right away cause they did that last year. I assume maybe in 13 month they will send the same email about rent increase. Hopefully by then I will own property
Thank you for your advice. Always asking questions and negotiating should be done when to comes to rent.
Annonymouse100 t1_j6nuizw wrote
Yes, they can do that.
There is statewide rent stabilization in California, AB 1482 (“TENANT PROTECTION ACT OF 2019″). Most apartments greater then 15 years old are covered by this. The rent increase and request for a written 13 month lease are both in alignment with statewide regulations. Refusal to sign a lease gives them just cause for eviction under Statewide regulations.
BouncyEgg t1_j6nu0h1 wrote
Nobody can force you to do anything.
You can choose to move out.
kepler1 t1_j6nv2e6 wrote
Why wouldn't they be allowed to do that?
Ask yourself, if you were offering something for sale or rent, you get to state the terms by which you want to sell or rent it to someone.
And it's up to you whether you want to agree to rent / buy on those terms or not. Reset your expectation about whether to be upset or not.
Unless you're in a rent controlled situation where you're guaranteed a rate/term, you decide to renew the lease each time. Or move.
ihatekale2 t1_j6nwsx5 wrote
In CA they can’t force you to sign a lease when you’ve been month to month. If they want to terminate your month to month, they must give you a 60 day notice to vacate. Also, if the building/complex you live in meets a certain set of rules (one of which it’s more than 15 years old), they cannot legally raise your rent more than 10% higher than at any point during the previous 12 months.
So in your case (most likely, but you’ll need to read up on the specifics for your city/county) they can either raise your rent a maximum of 10% and keep you at month to month, provide a lease option at x% raise for y months (usually a lower monthly price to incentivize people to lock into the commitment), or provide you with a 60 day notice to vacate if they don’t want to provide you with a month to month option.
In CA the rental market has a lot of protections to tenants, so a little Google and online research will help point you in the right direction 👍
blueskies1800 t1_j6o18te wrote
They can do whatever they want. You have the choice of leaving.
[deleted] OP t1_j6nwcqh wrote
[removed]
PM_Georgia_Okeefe t1_j6nwnve wrote
You are on a month-to-month lease. They are giving you notice that you need to sign a lease or need to leave.
Those are your options.
Separate-Panic-8834 t1_j6nyffe wrote
No they can’t “force” you to sign out, but they own the property so they can just evict you and replace you with someone else.
How is this hard to understand?
RoofKorean762 t1_j6nzjjb wrote
Not a genius like you are. Sorry
Separate-Panic-8834 t1_j6o0lw5 wrote
You don’t have to be a genius to understand basic information like this. It’s their property, not yours, and you’re not in a contract right now.
RoofKorean762 t1_j6o32ya wrote
You say that but there are different laws and people were not paying rent during covid. My question was simple to find out if I can just keep my mtm and you flex your rick and morty intellect here. Not everyone has the same experiences in life.
sonnyfab t1_j6nu65s wrote
Your month to month lease likely gives either party the ability to end the lease with X days of notice. They're exercising their option to ending the lease.