Rent Increase Letter 60 Day: Fill & Download for Free

The best “loophole” I ever experienced was many years ago, when my landlord tried to raise my rent. I signed a one-year lease that had an auto-renew clause for yearly lease periods, plus a 60-day notice period for changes or notice to vacate. So, if my landlord didn’t notify me the lease was going to change by 60 days from the one-year end period of the lease, the lease renewed completely for another year.My lease origination date was October 1. On August 13 approaching the one-year anniversary of my lease, I received a letter from her saying she was going to raise my rent 15% for the upcoming lease term. I was initially panicked, since I couldn’t opt out of the renewal at that point (remember, I had to give 60 days notice for that), but then looked at the envelope. She didn’t mail it until August 8. I said nothing, and come October 1, sent her the same rent I had been paying for the last year.Of course, her lawyer called me almost instantaneously, said his client wasn’t accepting my “partial payment” (even though she had already cashed the check), and told me that if I didn’t pay the full rent immediately there would be an eviction notice on my door by the next morning. “I simply don’t know what you’re talking about. My lease renewed for 12 months on August 1. Anything you think I received after that would only apply a year from now.” “YOU WERE SENT NOTICE YOUR RENT INCREASED {AMOUNT}, YOU HAVE TO PAY THAT!” “Oh, that? It wasn’t even mailed until August 8, and I didn’t receive it until the 13th. So that applies next year, of course. I don’t think I’ll be staying here for a third year, so no worries.” He demanded that I “prove” that, so I asked for his email and sent him a photo of the envelope with the August 8 postmark. That’ll shut ’em up!It’s not like my landlord was fixing anything before that (my appliances were almost 30 years old, the entire apartment had flooded 3 times because they half-assed basic repairs, and my bedroom didn’t have functional heat), so it was a selective burning of bridges. They weren’t going to make my place completely safe and habitable, so I wasn’t going to pay them more when they couldn’t follow the clauses of the lease they wrote themselves. When I gave her notice to vacate on July 9 of the next year (the date she received it per the certified mail return receipt), she, again, immediately called and was all “why?” “Well, I’m buying a place that, monthly, will cost me exactly as much as this shithole; and also, this place is a shithole.” “Oh, you’re buying, I’m so happy for you! Tell all your friends your great apartment will be available!” “No, seriously, this place is a mold, mice, and roach infested shithole, and you can’t be bothered to spend a single dollar to make it better. I wouldn’t wish living here on my worst enemy. I only stayed for the second year because it was cheap so I could save up to buy.” “Okay, thanks, let me know if you know anyone interested!”

How much time do landlords legally have to give you to move out if you do not want to sign a new lease with a hefty rent increase?Rent increase or not is irrelevant. If you fail to sign a lease renewal for what ever reason, then you tenancy continues on a month to month basis. Laws differ from state to state and even from city to city in some places. But the general rule is that your landlord will need to give you a 30 day notice to vacate. In California if it was a residential lease for a year or more then the landlord must give you 60 days notice. He can serve the notice before the end of the lease or wait until it expires.Experienced landlords will typically send the renewal and expect it back before the 30 or 60 days. I manage over 4,000 apartments and we mail a notice of intent (not a legal requirement) typically 90 days before the end of their lease. This is a notice that lets people know what we expect upon lease renewal and as a reminder that if they want to move out they must give us notice. The new lease will be presented to them about 70 days before end of the lease along with a letter asking them to return a signed copy or come into the office and sign it. If not signed by the 60 days then we do give 60 days notice. If they sign a renewal at any time before the end of the 60 days then there is a new agreement and the 60 day notice is meaningless.If they don’t sign or move out then we start the eviction process.So a landlord must give you 30 or 60 days to move but the start date need not be the end of the lease.

How can it be that the letter was dated before the end of the lease but after the month to month tenancy kicked in? That would be an exceedingly unusual lease.What matters is when any changes become effective. California law requires 30 days written notice if the tenant has lived in the property for less than a year or 60 days if the tenant has lived there for more than a year. The language in the lease can extend the notice period for the landlord but cannot shorten it.California law also includes longer notices for rent increases greater than 10%. A minimum notice of 60 days applies. Local ordinances may require longer notice. Local ordinances may also limit the amount of rent increases per year or may require approval of a rent control or rent stabilization board.TL;DR: Maybe, maybe not. Consult with a local attorney or tenants’ rights organization.