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tenant law would appreciate some advice on wording


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We were served with a change of tenancy from our landlord. Lease expired in July and we've been going on month to month as we baught a house and are waiting for it to be built.

The notice reads as follows:

You are herbey notified in accordance, with civil code section 827 that 30 days after service upon you of this notice or october 1st 2004 whichever is later your tenancy of the premises will be changed as follows:

1. The monthly rent which is payablae in advance on or before the 1st day of each month will be the sum of $ 29.83 instead of 27.33 the current monthly rent. Any holding over the expiration of a written 30 day notice of termination of tenancy shall result in resident being liable to owner for "rental damages" at the fair rental value of 895 a month. Daily rental value is prorated using a 30 day month

2. Other changes if a new lease is not signed an additional month to month fee of $ 100 will be charged per month.

I looked up CA civil code section 827 (as I never trust what anyone quotes) and it further states:

Notices increasing rent are now a special case. All notices of rent increase may now be served by first class mail in addition to the ways mentioned in the previous paragraph, but if served this way, the notice period is extended by five days beyond the time frames given below. If the notice results in an increase of 10% or less cumulatively for the previous 12 months, then the notice period is 30 days. If the notice results in an increase of more than 10% cumulatively over the previous 12 months, then the notice period is sixty days.

{Civil Code Sec. 827}

What does comulatively mean in this case? Does it mean over 12 month period the rent is divided to reflect if it is a 10% increase? In that case they would have to serve a 60 day notice if they want to charge $ 100 more over the current $ 75 dollar increase whcih would be effective October 1st?

Just confused over the wording and would appreciate some clarification.

(PS the landlord is a slime ball).

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Thanks :) thought it was something like that. We found another apartment which we are awaiting approval for. So have to submit my provisional notice I think though that I will inform them of the law as they are using that against every tenant in the complex : (increase by $100) so it is effective coercion.

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That's what I intend on doing anti :) Ok I need some more help in decipehring terminology, seriously have some foggy brain cells today. I want to submit a provisional termination notice in case the other apartment doesn't go through (covering all bases). Section 1946 allows me to do that but the wording is kind of confusing. So when do I have the right to retract termination? Expiration of what term? Seven days before the termination date which is the end of the month or the beginning of termination which is seven days from now? Again would appreciate any input.

1946. A hiring of real property, for a term not specified by the

parties, is deemed to be renewed as stated in Section 1945, at the

end of the term implied by law unless one of the parties gives

written notice to the other of his intention to terminate the same,

at least as long before the expiration thereof as the term of the

hiring itself, not exceeding 30 days; provided, however, that as to

tenancies from month to month either of the parties may terminate the

same by giving at least 30 days' written notice thereof at any time

and the rent shall be due and payable to and including the date of

termination. It shall be competent for the parties to provide by an

agreement at the time such tenancy is created that a notice of the

intention to terminate the same may be given at any time not less

than seven days before the expiration of the term thereof

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Thanks for the link Methuss. I was thinking about it. They use this tactic (the threat of increasing the rent by $ 100 on top of the normal increase) as a way to get people to sign new leases. Doesn't that fall under coercion and duress? Therefore basically under real estate law any contract would be null and void as they use those tactics. I just submitted my termination of tenancy notice and am waiting for the other apartment to come through (worse than a mortgage application geez) and will write this management a detailed letter explaining their violations and will make it available to every tenant, plus forward it to the housing coalition in this area. They love to sue landlords.

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