Can a landlord raise your rent, not inform you of the rent increase for a year afterwards, and then demand back-payment of the extra increased amount?

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Can a landlord raise your rent, not inform you of the rent increase for a year afterwards, and then demand back-payment of the extra increased amount?

For example, if my rent was $100 a month and it was increased to $150 without me being told, then I continued to pay $100 a month for a year can my landlord then demand the extra $600 (12 months of $50)?

Asked on March 26, 2012 under Real Estate Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

If you have a lease, the landlord cannot raise rent during the lease term. If you do not have a lease, the landlord can raise rent freely but must give you a written notice. If the increase is within 10% of the rent you paid at anytime during the past 12 months, the landlord must give you a 30 day written notice. If more than 10%, like you described, the landlord must give you a 60 day written notice.


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