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Updated about 7 years ago on . Most recent reply

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Susan O.
  • Fresno, CA
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Tenant says she didn't receive 60 day rent increase California

Susan O.
  • Fresno, CA
Posted

I have a tenant claiming she did not receive the rent increase. For the past couple years we have sent two.

I mailed it through regular mail.  It's for a rental in California.  Non-rent controlled.

The rent is automatically paid and we increased her rent on her auto payments and she is now claiming that all the previous payments weren't valid.

Isn't the letter in regular mail sufficient?  She's now claiming I need to reimburse her this past rent and she claims it invalidates the current increase.

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Nicole A.
  • Rental Property Investor
  • Baltimore County Maryland and Tampa Florida
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Nicole A.
  • Rental Property Investor
  • Baltimore County Maryland and Tampa Florida
ModeratorReplied

You will need to look up your local county and state's rental laws. At this point, it's your word against hers because you have no proof that you sent this notice since it was just regular mail. You always send notices such as this in a manner that provides you better proof. Even if California says regular mail is fine, it sets you up for exactly this situation.

I suggest that you first try to work this out with your tenant. Send the notice immediately saying it's effective in however many minimum days is required to give notice. So if it's 30 days, and you send it now, the rent increase would happen in August rather than July.

Send it multiple ways. Email. Certified Mail. Post on the door.

Offer to either refund the difference in her past rent or to credit it towards next month's rent. Again, check your laws, but this should be something you can work out with your tenant without rent court. Cali isn't known for siding with landlords when it comes to disputes.

  • Nicole A.
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