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can the landlord raise the rent with grandfather lease?
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can the landlord raise the rent with grandfather lease?
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| 20/12 2013 03:26
There is no grandfather clause. They can raise the rent every time a lease expires and a new one is signed, or in absence of lease, they can raise it every 60 days in CA (because they have been there more than 1 year). It is EXTREMELY common to raise rent every year. Just because the old LL chose not to raise the rent doesn't mean the new LL can't - that is not a grandfather clause.....or ANY kind of clause, it's just the old LL not raising rent every time they had they chance. They got a GREAT deal if rent only went up 2-3 times in almost 20 years, that's unheard of. And a $30 raise a year is probably what...maybe 1-2% at absolute most? It's LA, hard to imagine they rent a place for less than $800. In fact, new LL is probably being nice, because they probably still pay under market for the place, even with the increases.
| 20/12 2013 05:38
Their rent can be raised every time the lease renews or with 60 days notice if they are on a month to month agreement. The amount depends on whether they are in a rent-controlled area or not. If they are, the rent can only be raised according to the laws for that area. If they are not in a rent controlled area, the LL can raise the rent as much as he wishes (as much as the market will bear). There is no such thing as a "grandfather clause" against the rent being raised.
| 20/12 2013 03:42
If they have a lease for a specific term, the rent cannot be raised for the duration of that lease. At the end of the lease, the landlord and tenant can agree to renew it for another length of time. If the lease expires and is not renewed, the tenant becomes a month-to-month renter. All the other terms of the previous lease still apply (notice requirements, pets, visitors, etc.), except for the protection from rent increases. Those may be done any month with a 30 day notice to the tenant. A landlord does not have to raise the rent, but without a lease protecting the tenant from this they can choose to do so at any time. So, if your parents want to stop this from happening, they need to renew or take out a lease with the current landlord which will stop any increases until that lease expires. Most leases are for one year. At the end of the year the lease can be renewed, but the landlord can increase the rent at renewal if they want to. You might be able to ask for a two year lease along with a slight reduction in rent because you are locking in for a long time and guaranteeing the landlord that your unit will be income-producing for that period and not vacant. There is no "grandfather" clause, as you might find in other forms of contracts. That doesn't mean a landlord could not put one in the lease contract, but they would be supreme idiots to do so, thus I am rather certain one does not exist with your parents. Rent increases are due mostly to increased operating costs (property taxes, maintenance, insurance) that the landlord has on that property. In addition, if this is their "job" (renting out property) they also have personal bills to pay that also increase, so it is like getting a raise at your job.
| 20/12 2013 06:34
LA has rent stabilization so there are indeed limits on rent increases. For the past several years, that has been 3%. So yes, the rent can go up every year, but there are limits on it (and it sounds like the LL is staying within those limits). Your parents are likely still paying well under market and will be as long as they remain there.
| 20/12 2013 06:40
I do not know why it wasn't raised before, but yes, once a year is perfectly acceptable. It isn't hardly being raised at all anyway.
| 20/12 2013 18:05
There is no such thing as tenants being grandfathered. They can be terminated with 60 days notice in California. If they have a new lease, that is valid until it expires. The rent can be raised any time without a lease, once a year with a lease. If they live in a rent-control apartment you have to check those laws with L.A. county Housing.
| 20/12 2013 12:46
there is no type of clause.
| 20/12 2013 10:13
usually a notice of the raise in rent is required 3 months in advance, but every state is different and because of a grandfather clause it might not be legal to raise the rent at all so check with your states department of consumer affirs web site
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