Can my landlord in California legally raise my rent from $700 to $775 when I have only been a tenant in the home for

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Customer: Hello, can my landlord in California legally raise my rent from $700 to $775 when I have only been a tenant in the home for less than 6 months. Also, if she wants to remodel her floors which would require my roommate and I being out of the house for 2 weeks. Would our landlord be required to cover the cost of the hotel for that time period as well. as prorate the rent?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: California
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: There is nothing about this written in the lease and the bathroom has been broken for about a month.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That's about it
Answered by barristerinky in 5 mins 2 years ago
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barristerinky
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barristerinky, Expert

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation.

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You will likely be offered a live phone call by the website. It is not from me.

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If you would like a call, another attorney will provide that service. I only work on the website. and prefer to type my responses so they are in front of you.

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There may be a short delay in my responses as I type out an answer or reply as I am an actual independent practicing attorney, not an employee of JustAnswer.

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barristerinky, Expert

Are you under a written fixed term lease or are you month to month?

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How much written notice has the landlord given you about the increase?

Customer
Sounds good
Customer
I am still under the 6 month fixed term lease, she wanted to increase it by $75 once these 6 months are up. After the 6 month period it becomes month to month
Customer
She gave me a 30 day notice on a sheet of paper she typed out and asked me to sign it
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barristerinky, Expert

Ok, she can't do anything until the lease expires... but then she could increase the rent with a 30 day notice... but there is a cap under state law of 5% plus the cost of living in the town where you live... normally 2-3% more... So that much would not be a legal increase..

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You can see the maximum increase per 12 month period for your city here: https://www.relisto.com/2019/10/09/table-of-allowable-increases-for-january-2020-due-to-california-ab-1482-tenant-protection-act-of-2019/

Customer
Okay, what about the remodeling situation?
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barristerinky, Expert

as for the floors, she can't legally remodel the place while you are there unless you agree... You have a right to exclusive use and enjoyment of the property and can simply refuse or demand she put you up elsewhere while work is being done..

Customer
Is she supposed to pay the hotel while this is being done or is she only legally required to cover my rent for the 2 weeks I would be out of the house?
Customer
Since hotel fees would be about $1,300 for a cheap hotel stay for 2 weeks. She said she could either cover the rent for those 2 weeks (about $375) and I'd have to pay for the hotel, or she would pick which hotel I go to and pay, but then I would still have to pay for that month's rent.
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barristerinky, Expert

Is she supposed to pay the hotel while this is being done or is she only legally required to cover my rent for the 2 weeks I would be out of the house?

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Either or... if you have paid rent, she has to pay for a hotel.. if you haven't paid rent, you dont have to for that 2 weeks.

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That is right... if you want the landlord to pay for a hotel, you have to pay rent... So figure out which works out better for you..

Customer
Thank you I will bring this up with her.
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barristerinky, Expert

You are very welcome. Glad I could help.

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It was my pleasure to work with you and help with your question. If you ever need to reach me in the future, you can post a new question thread with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Have a good evening and be safe!

Barrister

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