If we sign a 2-year lease which states that rent will increase $50 after the first year, are we still entitled to a written notice about the increase?

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If we sign a 2-year lease which states that rent will increase $50 after the first year, are we still entitled to a written notice about the increase?

If we sign a 2-year lease, which states that rent will increase $50 after the first year, are we still entitled to a written notice? We have been in our apartment for 2.5 years, and we were just told that we owe $900 for back rent. Is this legal? It’s been been 18 months since the increase was supposed to take place. They never said anything to us, and have been cashing our rent checks.

Asked on July 31, 2012 under Real Estate Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

You could argue that they waived the right to the increased amount by accepting the checks.  I wouldn't pay the extra money and I would fight them in court if they try to collect on it.  In addition, if they try to take that extra $900 out of your deposit you can remind them of, and sue under CCP 1950.5, which punishes landlords who in bad faith retain deposits by awarding up to triple damages.  I would consult with a local real estate attorney if the landlord doesn't shape up.  As far as future checks are concerned--you appear to be on the hook for the $50 increase.

Best of luck.


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