Landlord wants to raise rent

[LadyFable]

We have a friend of the family who recently was widowed. Her late husband handled all the business and now she is left to struggle through it all herself. My father is attempting to help her but no one has been able to answer this question. I hope someone here can answer or send me in the right direction. The woman (widow) has some rental property in which the rent hasnt been raised in over 5 yrs. Legally how much advance warning must she give the tenants and how is the notification to be given (verbal vs certified mail?) Also, is there something the written notification must reflect? If there is a lease, must she wait until the lease expires ? If it is a month to month lease, can she just give them a 30 day notice ? Someone told them they must give the tenants a 60 day notice. Also, the landlord is presently paying the utilities but now wants the tenant to pay for part of the utilities. What are the laws/rules governing this type of situation? The houses are all in the state of California. Thanks....

 

[peter]

You are correct.if there is a lease she CANNOT raise the rent or the terms of the agreement untill it expires...PERIOD!

That includes late fees utilities maintenence of theproperty etc...if the landlord is responsible for that ...then the only way you can change is to notify tenats at least 30 days in advance that the rent will go up..that they will be cgarged for utilities that there will be a late fee....or anything else you want to change

UNLESS there lease says 60 day notice....or unless you took 2 months rent for security..or first and last months thats 2 months too..

Also She should ask the electric company to install a meter for each apartment.because splitting the cost between the apartments could become a DANGEROUS issue if there is one tenant who is never there (traves a lot) and one that has a home business and NEEDS the AirConditioner on 24 hrs a day in the summer...

SO either raise the rent 20 30 40 50% to cover the added elctricity costs or get seperate meters and let the tenants pay their own.

 

[LadyFable]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by peter:
You are correct.if there is a lease she CANNOT raise the rent or the terms of the agreement untill it expires...PERIOD!

That includes late fees utilities maintenence of theproperty etc...if the landlord is responsible for that ...then the only way you can change is to notify tenats at least 30 days in advance that the rent will go up..that they will be cgarged for utilities that there will be a late fee....or anything else you want to change

UNLESS there lease says 60 day notice....or unless you took 2 months rent for security..or first and last months thats 2 months too..

Also She should ask the electric company to install a meter for each apartment.because splitting the cost between the apartments could become a DANGEROUS issue if there is one tenant who is never there (traves a lot) and one that has a home business and NEEDS the AirConditioner on 24 hrs a day in the summer...

SO either raise the rent 20 30 40 50% to cover the added elctricity costs or get seperate meters and let the tenants pay their own.<HR></BLOCKQUOTE>

Peter,
Thank you so much for your advice. Have a wonderful day.

 

[peter]

AND YES send a letter AND A LEASE by certified mail return reciept and regular mail and just put a copy under the door.......SPEND the $3 for the certified mail PLEASE DONT BE CHEAP..

Also spend another what 75 cents and get a PROOF of mailing for the regular 33 cent mail.

If it goes to court the certifed letter will and the other Proof of mailing will be proof that they were legally noitfied of the change in the lease terms...and to sign it or move.

 

[peter]

Also since they went 5 years without a raise..get ready for at least one to sue you...even though the rent probably should be rased 50% or more to cover the added fuel cost...and maybe 20% if they get separtate meters....say 3 or 4 % a year 5 years....

My electricty rates went up more then 50% from last year due to the high oil prices....and it was a COOLER summer here in New York City...it would have Doubled if it was as hot as last year....I mean for the whole month of August last year i dont think we shut down the AC for even a half a day..it was that hot and muggy.

Also LEGAL fees are a Tax Deuctable expense when used in a rental property, AND if a tenat sues you you can always ask for and get you legal fees reimbursed if you win....BUT it has to be in the lease and you have to ask for it in the Eviction Notice.....

Of course if you lose you may have to pay the tenants legal fees...thats only FAIR!