Can they raise my rent with only 5 days notice??

[MissMelissa24]

I've been month-to-month for about 3 months now, and the apartment complex was recently bought. I returned home yesterday to find a letter from the new owners in my mailbox, it was postmarked 9/25. It was a notice that my rent was increasing, and if I signed for 6 months it would only increase from $530 to $550, beginning with the October rent, and that if they didn't hear from me by 9/28 that they'd assume I was going to continue to go month-to-month and that they will expect payment of $575 beginning with the October rent ($550 rent plus $25 "fee"" for going month-to-month). THE LETTER WAS POSTMARKED 9/25!!! Interestingly enough, they dated the letter itself 8/30, however they obviously didn't get it in the mail by then!

I paid the $575, and am relocating anyway and will probably be there no more then 2 months longer, but if they were in the wrong I want to ask them to credit me for my November rent, as that amount would help with my move, as small as it is! I live in Sacramento, California right now, I know laws are different everywhere.

Thanks!

 

[Tracey]

Raising the monthly rent terminates the old agreement and offers to enter into a new agreement under the new rental rate. Terminating a month-to-month rental requires 30 days notice. The postmark is the key. Good thing you saved the envelope! Send them a letter saying their rent increase is illegal because of insufficient notice. The new rent rate can't take effect until 11/1. Inform them you'll deduct the amount you overpaid this month from Nov. rent. Then give them your move out date. Also, the 'fee' is disguised rent & is refundable to you (prorated per diem) if they re-rent the apt before the end of Nov.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.