WTD? In Oakland, CA, I gave 60-day notice of rent increase, but tenant has not responded

10 Replies

I gave my tenant a 60-day notice of rent increase, also mentioned on notice that he is required to respond with decision. 

Tenant has not responded at all. Can I evict once 60 days are up? or if he does end up paying the increase does it become month-to-month? 

On notice i also mentioned that another 1-year lease would be necessary, can I enforce that? or does tenant have an option to go month-to-month regardless of 1 year lease notice? 

Appreciate all or any response..

You will not be able to get through eviction through court just for him not responding IMHO. If he does not pay the increase, and it is legal, it would constitute non-payment, then you could pursue. They are generally responsible for signing a similar lease. Were they on 1yr lease before? I'm assuming this is in Oakland for now, since that's your profile, but area will differ..

@Alberto Murillo 

Medium logoJ. Martin, SF Bay Summit | [email protected] | 510‑863‑1190 | http://www.sfbaysummit.com

Thank you J. 

Yes this is in Oakland, and the increase is above 10%, hence the 60-day notice. I figured if complete payment is not met i could evict, but I think he plans to stay month-to-month if he is going to stay. I'm just not sure how not signing a new lease would be consider a breach, once the old lease expires on the 1st of September. 

Fellow Oakland Landlord, nice to meet you.  I'm sure you have been to the City's website-

http://www2.oaklandnet.com/Government/o/hcd/s/LandlordResources/index.htm

From the website:

  • Generally, if tenants do not file a petition within 60 days of receiving a rent increase, they will lose their rights to challenge the increase.

Sounds like you are doing everything by the rules set forth by the city.

Here is a link to the EBRHA, they have numbers you can call.  I'm sure you are well aware but you definitely want to cover yourself around here and make sure you do everything by the book.

http://www.ebrha.com/

Not sure if the lease continues month to month or you can sign another year long lease.  I'd imagine it would go month to month unless the tenant wants to sign a new lease.

Jeremy

Thank you Jeremy, I really appreciate the response. I did not know about the petition. I spoke to an agent/lawyer from the tenant board in Oakland, and they told me the same. Glad to know others know this, and I hope others read this to stay informed. As far as the lease goes, I will call the tenants board again tomorrow to discuss (as they can only stay on the phone to answer questions for 20 minutes at a time--btw, they go really fast).

No problem, just so you know I am a newish landlord so I would definitely go by the tenant board people over myself.

Originally posted by @Alberto Murillo:

Thank you J. 

Yes this is in Oakland, and the increase is above 10%, hence the 60-day notice. I figured if complete payment is not met i could evict, but I think he plans to stay month-to-month if he is going to stay. I'm just not sure how not signing a new lease would be consider a breach, once the old lease expires on the 1st of September. 

What are the just causes for eviction in Oakland?

Under the Oakland Just Cause for Eviction Ordinance, a landlord may only evict for the following eleven reasons:

1. Failure to pay rent;
2. Breach of lease;
3. Failure to sign a lease extension that is materially the same as the original lease;

http://www.tobenerlaw.com/oakland-rent-control/

This is not legal advice, but the guy referencing it is a lawyer..
There is also a cap on the increase, even w/ banked rents. Can't remember number off top of my head, and believe it was new law passed earlier this year..

Medium logoJ. Martin, SF Bay Summit | [email protected] | 510‑863‑1190 | http://www.sfbaysummit.com

Originally posted by @Alberto Murillo:

Thank you J. 

Yes this is in Oakland, and the increase is above 10%, hence the 60-day notice. I figured if complete payment is not met i could evict, but I think he plans to stay month-to-month if he is going to stay. I'm just not sure how not signing a new lease would be consider a breach, once the old lease expires on the 1st of September. 

http://www.contracostatimes.com/news/ci_25375483/o...

Posted: 03/19/2014 08:46:07 AM

OAKLAND -- The City Council voted to strengthen Oakland's rent control law Tuesday, capping annual rent increases at 10 percent

Watch out!!

Medium logoJ. Martin, SF Bay Summit | [email protected] | 510‑863‑1190 | http://www.sfbaysummit.com

So my fellow Oak land landlords here, @Alberto Murillo 

and @Jeremy Rachesky  ,

come check out the meetup this Friday at a fellow investor's flip in Oakland. Free, and always a great group of RE investors, and good ideas/stories, etc..

http://www.meetup.com/SF-Bay-Area-Real-Estate-Networking-Group-REmeetup-com/events/201587852/

Medium logoJ. Martin, SF Bay Summit | [email protected] | 510‑863‑1190 | http://www.sfbaysummit.com

Thank you J. The deal breaker will be if my home is a rent controlled home. and I don't think this home qualifies as one. But I will double check with tenant board and come back to advise. 

I can't speak for your local area, but in my experience a 10% increase will motivate  the tenant to start shopping around.  No different than if you were to get say a 10% increase in your insurance rates.