What happens if a salary increase puts you over the threshold for moderate income housing when you are already a tenant?

I have been living in my apartment for over a year and during the re-signing of my lease I qualified again for the moderate income program; I pay out of pocket but at a lower rent rate. I didn’t know that I would be getting a promotion and would now make over the qualified amount. I am not sure if I should inform the apartment complex this happened or wait until my lease ends the following year. Are there any laws or tenant rules I should know about?

Asked on November 12, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. I would carefully read the terms of your written lease and all documentation for the qualification for the moderate income program to answer your question.

My sentiment is that you were approved for the amount of rent that you are now paying based upon circumstances and income existing at the time of your application. The approval led to a lease for a term. The term is good for the income that you were making at the time of the application. If your income has increased since, it should have no bearing on what you pay now monthly. It will be a consideration if you wish to renew your lease. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.