Can we raise the rent now?

8 Replies | Los Angeles County, California

Hi guys,

We have a condo (single family) that was purchased 20 years ago. It's currently occupied by three roommates 2 of then are in the lease....we haven't raised the rent for years, and they are under month to month contract. We would like to raise the rent to market value.....we did consult a lawyer he confirmed that we can and that the property is not under rent control. We are a bit skeptical as the condo is situated in Santa monica and we dont want to run to legal issues.

Should we serve the tenants a notice and proceed?

Btw: the unit was never registered under rent control

It is my understanding that condos fall under rent control. I would contact the city of Santa Monica and ask their rent control dept. MAYBE the housing dept would allow you to increase rent more as there is someone living there who is not on the lease.

I think the real question is why don't you trust your attorney who you pay a lot of money to give you legal advice? If you have reason to doubt them maybe it's time to get a new attorney.

Originally posted by @Seth Borman :

You need 60 days notice if the increase is more than 10%.

Go for it!

I'm just surprised the property is not under control although it's in SM one of the most notorious rent control cities in the world. That's why I'm still skeptical.  

Originally posted by @Josh Dillingham :

I think the real question is why don't you trust your attorney who you pay a lot of money to give you legal advice? If you have reason to doubt them maybe it's time to get a new attorney.

 I just wanted to confirm. Cause I always thought that all rental properties in SM fall are under rent control. 

If you call the city of Santa Monica and the condo is build prior to year 1978  they will tell you it is rent control. But Costa-Hawkins act is superseads this and the attorney Dennis Block  (website www.wvict123.com) helped a lot of friends who didn't know about condos not being under rent control ( I didn't know until recently). in fact you have to rush to increase the rent before November, when Costa Hawkins could be repealled and then you would be stuck with the low rent...

@Josh Dillingham   you made me smile when you said 'why don't you trust your attorney'... the attorneys are human and  a lot of times they don't know everything and even give away some wrong information...this why you ask and ask...better ask few attorneys

Originally posted by @Julia Fergo :

@Josh Dillingham   you made me smile when you said 'why don't you trust your attorney'... the attorneys are human and  a lot of times they don't know everything and even give away some wrong information...this why you ask and ask...better ask few attorneys

My view is that if your attorney is giving away wrong information then you hired the wrong attorney.  You pay them for their expertise; they should provide the right information.