Can the landlord demand rent due date be changed along with the rent increase

[Catwoman77]

Jurisdiction

California

Our lease was a year lease from june 2015 to 2016. We went to month to month after that. We are a married couple with my disabled mother living with us. We are all on the lease. My mom is on disability and pays a third of the rent in a separate check from ours. When we all signed the lease she requested that we pay the rent on the third of each month as this is when she gets her disability check. This was written into the lease and it states in our lease that our due date is the third of each month. We recived a rent increase notice stating it would go up $200 and start on the first of the month two months later. We requested a smaller increase and were told no. We were also told that they want the rent on time starting the first of each month. Our lease states the third and they know she doesnt recive her disability checks till the third. What can we do?

 

[army judge]

. What can we do?

You can pay according to the new terms your LL demands.

You might be able to delay the increase, if the LL didn't follow the statutory guidelines to a T, as in giving you 60 days notice.

It appears, HOWEVER, the landlord met the statutory burden with by demanding the change in TWO MONTHS.



The landlord can change the terms easier on a tenancy at will, rather than one under a lease.

You have two months where things remain as they were.

In 60 days, things change.
You must pay $200 more by the 1st.

If you can't do that, start seeking new digs tomorrow.
You have 60 days to accomplish that.

Should you stay, fail to adhere to the change, you risk having an eviction action filed.
The mere filing of such an action will make renting decent housing anywhere across the USA nearly impossible for DECADES.

Think about it, digest it, but your only recourse is to pay as demanded, or leave!

 

[Catwoman77]

You can pay according to the new terms your LL demands.

You might be able to delay the increase, if the LL didn't follow the statutory guidelines to a T, as in giving you 60 days notice.

It appears, HOWEVER, the landlord met the statutory burden with by demanding the change in TWO MONTHS.



The landlord can change the terms easier on a tenancy at will, rather than one under a lease.

You have two months where things remain as they were.

In 60 days, things change.
You must pay $200 more by the 1st.

If you can't do that, start seeking new digs tomorrow.
You have 60 days to accomplish that.

Should you stay, fail to adhere to the change, you risk having an eviction action filed.
The mere filing of such an action will make renting decent housing anywhere across the USA nearly impossible for DECADES.

Think about it, digest it, but your only recourse is to pay as demanded, or leave!

I realized after rereading my post that I failed to mention that in our letter asking to reduce the increase my my moms share a third, that we said we would pay her share if need be and we weren't interested in moving. We have the money to pay the increase. Thats not where the concern is. The concern is that the letter insisting that we pay the full amount also states that they want the rent timely started on the first of that month. My mom pays part of the rent and doesn't recive her disability checks till the third. She asked when we moved in if we could have the third be the due date and our lease says the third is our due date. So are they suggesting paying it on the third every month has been paying it late?? Should I send them a copy of the lease that shows the third as our due date?

 

[army judge]

Yes, you can mention the third is in your existing lease.

Usually all leases provide a grace period.

For instance, if the due date is the 1st, you'll see language after four days its late and you're required to pay a late fee.

However, why don't two of you just pay mother's share and TWO days later she'll give it back to you.

If you want to stay, the three of you can work this out easier than involving the landlord.

Some landlords might see you as quibbling.

That's why it's easier to read the lease, see what it says, and mother can give the two of you her share on the 3rd.

If the three of you start squirreling away a few bucks over the next 60 days, your team can make it work that way, too.

Easy peasy.

 

[adjusterjack]

The concern is that the letter insisting that we pay the full amount also states that they want the rent timely started on the first of that month.

If the proposed rent increase is 10% or less of the previous rent then only 30 days to the end of the rent period is sufficient.

By giving you 60 days the landlord has complied with that requirement for the rent increase as well as for the rent due date:

Law section.

Your prior lease terms are now irrelevant.

And, unless a grace period is specified in your future agreement, then your rent is due on the first and in default on the second.

Your Mom can just reimburse you for her portion of the rent after you advance it for her.

 

[Catwoman77]

I really appreciate all the replys. The suggestion to pay my moms share and have her pay us back has been considered but quite honestly we dont have it. We adjusted our taxes to take out less and our tax guy says we'll no longer get a refund, we'll hopefully break even which is fine, to pay the $200 increase. Currently we pay 75% of all the bills as my mom only gets $900 a month from SSI. We pay for 75% of a $250 water bill, 75% of a $125 sdge bill as well as currently our rent is $2300 and all she can pay is $700. So we already cover $67 above her third of the rent and will be covering the additional $200 increase at the end of the month. I am quite sick with a large tumor in my head and take lots of expensive medicine to keep me breathing as it started as a mold spore that turned into a large mass. The medicine I take reduces my immune system and I get really sick real often and easily so, only my husband works. We moved from the place that got me sick in 2010. Im sorry for the longwinded backstory as I know its all probably not relevant. But I just dont know what to do!! I've been really sick most the time lately as getting together the increase has been stressful, but we worked it out by changing our taxes. But now the problem is my mom cant pay her share intill the third and we cant front it to her each month.With the increase and paying 75% of all the bills so she has a decent place to live is hard enough as it is. Im thinking my lease says pay on the third and they forgot they said that would be ok cause thats when she gets her check. Should I send them a copy of my lease and remind them she cant pay till then??

 

[adjusterjack]

Im thinking my lease says pay on the third and they forgot they said that would be ok cause thats when she gets her check. Should I send them a copy of my lease and remind them she cant pay till then??

Can't imagine why you haven't done that already. And what's wrong with calling up and talking?

 

[Catwoman77]

Can't imagine why you haven't done that already. And what's wrong with calling up and talking?

Just got the letter yesterday that stated we insisit that you pay the full increase of $200, bringing the amount to $2500 payed timely on the 1st of October, should you remain our tenents. Am I misunderstanding this that this only starts on the 1st and our original lease rent due date is still the 3rd?? We rented this house to move my disabled mom in with us and they were informed before we even looked at the place right after introductions that we cant pay till the 3rd as thats when she gets payed, they said thats No Problem and thats the rent due date on our lease dated june 15th 2015. So am I misunderstanding the statment in the the letter to be payed timely starting oct 1st. Please help dont want to cause waves or sound stupid!! Im just really sick and trying to maintain my health and help my mom!! We will be paying the increase, its just the due date thats in question!?

 

[Highwayman]

...that we said we would pay her share if need be and we weren't interested in moving

So in one post you say this then you turn around and say you can't even afford to cover her share for two days? Which is it?

You need to speak to your landlord about the rent due date, plain and simple. I don't think anyone here can help you any further.

 

[adjusterjack]

Agree with Highwayman. If there is something you don't understand about the letter, ask your landlord, not us.

 

[Catwoman77]

Just got the letter yesterday that stated we insisit that you pay the full increase of $200, bringing the amount to $2500 payed timely on the 1st of October, should you remain our tenents. Am I misunderstanding this that this only starts on the 1st and our original lease rent due date is still the 3rd?? We rented this house to move my disabled mom in with us and they were informed before we even looked at the place right after introductions that we cant pay till the 3rd as thats when she gets payed, they said thats No Problem and thats the rent due date on our lease dated june 15th 2015. So am I misunderstanding the statment in the the letter to be payed timely starting oct 1st. Please help dont want to cause waves or sound stupid!! Im just really sick and trying to maintain my health and help my mom!! We will be paying the increase, its just the due date thats in question!?

So in one post you say this then you turn around and say you can't even afford to cover her share for two days? Which is it?

You need to speak to your landlord about the rent due date, plain and simple. I don't think anyone here can help you any further.

I apologize. My landlord is a landlord/tenent attorney for a living and very quick witted and precise. If you say or state something that is inaccurate, he quickly lets you know just how wrong you are. For clarity the share I was talking about being able to cover is 1/3 of the $200 increase. We had sent them a counter offer to the $200 increase, requesting that 1/3 is taken off as she cant afford any more cause of being on set limited income,SSI. So the part were covering for her is $67. On the other hand she pays $700 of the total rent and doesnt recive her disability check till the 3rd. We dont have an additional $700 to loan her for two days every month. I am sorry for my lack of clairty, Im taking many medications for my illness and have a hard time expressing my thoughts simply. Which is why I am afraid of upseting my landlord with stupid questions! There isnt a phone number to call, just a legal office we send our rent to.

 

[army judge]

I apologize. My landlord is a landlord/tenent attorney for a living and very quick witted and precise. If you say or state something that is inaccurate, he quickly lets you know just how wrong you are. For clarity the share I was talking about being able to cover is 1/3 of the $200 increase. We had sent them a counter offer to the $200 increase, requesting that 1/3 is taken off as she cant afford any more cause of being on set limited income,SSI. So the part were covering for her is $67. On the other hand she pays $700 of the total rent and doesnt recive her disability check till the 3rd. We dont have an additional $700 to loan her for two days every month. I am sorry for my lack of clairty, Im taking many medications for my illness and have a hard time expressing my thoughts simply. Which is why I am afraid of upseting my landlord with stupid questions! There isnt a phone number to call, just a legal office we send our rent to.

You've received information.

No one can tell you what to do, you're an adult.

You must decide what to do.

We know only what you tell us, apparently in your heavily medicated state.

Good luck, choose wisely.

This thread is no longer useful.