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Sign new lease while increasing rent - Landlord Forum thread 345201

Sign new lease while increasing rent by Adale (CA) on May 25, 2016 @17:43

                              
Hi,

I am in CA. I have an apartment with 3 students tenants. I signed lease with them 3 years ago, and never increased rent. In past 3 years, each year there is a student left and replaced with a new roommate.

Recently one of the tenants again informed me with intention to be removed from the lease. Since the rent has below the market value at least 25%, I wanted to terminate the lease and a new lease with current rent.

So I told them either all tenants moving out together, or I serve them a 30/60 days termination notice. I also open for existing tenants who want to continue to live here ,but need to sign new lease agreement with me with new rate. The tenants did serve me 30 days moving out notice. But one of the roommate want to find new roommates and stay with new rate.

So the question: I have tenants: A, B, C, so if I terminate the lease, refund deposit to A, B, C. Then sign new lease with B, C and new D, and with the rent increased 25% compared with previous lease. Do I violate any rental constrain law?

BTW, I am in Sonoma county. What's the max that can increase each time?

Thanks a lot!
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Re: Sign new lease while increasing rent by Melanie (CA) on May 26, 2016 @13:32 [ Reply ]
Im only addressing the first thing that sticks out like a neon sign and that is the fact that you feel that you can terminate a lease without court action. Just because its under market, tough, you have a LEASE that you must legally honor until its conclusion. Furthermore, if indeed you have a LEASE, you cant just issue a 30/60 day term notice. I suspect that what you mean is that you operate with a mtm rental agreement. Let us know if thats the case and then we can go forward.

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