Question 1

Are there any local laws that can affect a tenancy?

Accepted Answer

Yes. Some Bay Area jurisdictions are rent controlled or have enacted ordinances with provisions that may only allow landlords to evict tenants for certain reasons, or to increase the rent by a certain percentage. In these cities, tenants can file petitions to enforce their rights and landlords can file petitions to request exemptions for good cause.
 
Cities that have local ordinances in place: San Francisco,(https://sfrb.org/) San Jose*,(http://www.sanjoseca.gov/index.aspx?nid=3051) Berkeley,(https://www.cityofberkeley.info/Rent_Stabilization_Board/Home/Guide_to_Rent_Control.aspx) Richmond,(http://www.ci.richmond.ca.us/3364/Richmond-Rent-Program) East Palo Alto,(http://www.ci.east-palo-alto.ca.us/index.aspx?NID=273) Mountain View*(http://www.mountainview.gov/csfra), Hayward*(https://www.hayward-ca.gov/your-government/programs/rent-review-residential-rent-stabilization), Fremont*(https://www.fremont.gov/DocumentCenter/View/35249/Fremont---Rent-Control-Just-Cause-Eviction-Report---final?bidId=), and Los Gatos* (https://www.losgatosca.gov/faq.aspx?TID=31)have additional tenant-landlord ordinances. For more information, contact us or visit the City's websites.
 
*Project Sentinel involved in the city's programs

Question 2

How often can a landlord increase the rent?

Accepted Answer

Fixed Term Leases:
Some tenants have fixed term leases for a particular period of time, say 12 months. If a tenant is on a lease, the rent cannot be increased during the term of the lease, unless the lease itself allows rent increases. 
 
Periodic Rental Agreements:
Many tenants have periodic rental agreements – for example, a month-to-month rental agreement. In that case, the landlord can increase the rent, unless it is written in the agreement itself that rent increases are not allowed. The landlord must give proper advance written notice of a rent increase. For rent increases up to 10%, landlords must give 30 days notice. For any rent increase higher than 10%, a 60-day notice is required.

Normally in the case of a periodic rental agreement, the landlord can increase the rent as often as they like. However, the landlord must give proper advance written notice of the increase. The rent increase cannot discriminate or retaliate against a tenant for exercising a right as a tenant.

Increases in rent for government-financed housing are usually restricted. Local rent control ordinances may also limit rent increases or impose additional requirements on landlords.

Question 3

How may a landlord deliver a rent increase notice?

Accepted Answer

A landlord's notice of rent increase must be in writing. The landlord may deliver a copy of the notice to the tenant personally. In this case, the rent increase takes effect in 30 or 60 days from the date the notice is delivered.

Alternately, the landlord may mail the notice to the tenant, with proper postage and addressed to the tenant at the rental unit. If the landlord mails the notice, they must give  an additional five days' notice. That means the landlord would have to give the tenant 35 days' notice from the date of mailing if the rent increase is 10 percent or less. If it is more than 10 percent, 65 days' notice is required.

Question 4

Is there a limit to how much a landlord can increase the rent?

Accepted Answer

Unless the tenant lives in government housing or in a unit that is subject to local rent control laws, there is no restriction on the amount of the rent increase. If the rent increase would cause hardship on the tenant, we recommend discussing this with the landlord to see if arrangements can be made. Landlords often benefit in having a good tenant and might be willing to revise the amount and/or the effective date of the increase if the tenant's hardship is brought to their attention. We can help both landlords and tenants as a third party neutral with these particularly tricky discussions.

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