Form-of-the-week: 30-day Notice of Change in Rental Terms – Form 570
All conditions in a month-to-month rental agreement or expired lease agreement may be changed on written notice served on the tenant on any day during the month by residential or nonresidential landlords.
A residential or nonresidential landlord under a month-to-month rental agreement or expired lease agreement can increase the rent or shift repair and maintenance obligations to the tenant by serving a 30-day notice of change in rental terms. The 30-day notice is used by residential landlords or property managers when the rent is increased 10% or less within a 12-month period. Nonresidential landlords are not bound by the 10% threshold applicable to residential occupancies. Thus, nonresidential landlords and property managers use the 30-day notice regardless of the amount of the rent increase. [See first tuesday Form 570]
However, residential landlords use a 60-day notice when rent is increased greater than 10% within a 12-month period. [Calif. Civil Code §827; see first tuesday Form 574]
To be enforceable, a notice of change in rental terms needs to be served in the same manner as a three-day notice to pay rent or quit. However, only the landlord may unilaterally change the terms in a rental agreement. [CC §827]
A month-to-month tenant has no ability to unilaterally alter the terms of the rental agreement, being limited to terminating the tenancy by notice and vacating. [CC §1946]
In rent control communities, a landlord or property manager needs to be fully aware how rent control ordinances affect their ability to alter provisions in rental agreements.
When a residential landlord under a month-to-month rental or expired lease agreement desires to increase rent, the length of the notice period depends on the amount of the rent increase. To determine whether a 30-day or 60-day notice is required, the landlord or property manager needs to compare the rent amount sought with the lowest rent amount paid by the tenant during the last 12 months.
If the total increase in rent is not more than 10% of the lowest amount of monthly rent paid during the previous 12 months, the landlord may serve the tenant with a 30-day notice of change in rental terms. [See first tuesday Form 570]
However, if the total increase in rent is more than 10%, the residential landlord or property manager needs to serve the tenant with a 60-day notice of change in rental terms. [CC §827; see first tuesday Form 574]
Related article:
first tuesday’s 30-day Notice of Change in Rental Terms is used by a landlord or property manager when a rent increase of 10% or less is sought. It is also used to change any other terms in a residential month-to-month tenancy. For nonresidential property, the form is used regardless of the amount of the rent increase or to change any other terms. [See first tuesday Form 570]
In addition to referencing the rental or expired lease agreement to be modified, the 30-day notice of change in rental terms provides for:
- change in the rent amount;
- change in the common area maintenance (CAM) charge;
- change in utility payment responsibility;
- additional security deposit;
- allocation of new or additional non-smoking areas; and
- a space for additional changes in the terms to the rental or expired lease agreement. [See first tuesday Form 570]
For 8 1/2 years I’ve had a month to month lease and it’s being changed by the new landlords to a one year lease. Rents also going way up $182 .
The question is….must the landlord give a 30 day notice to raise rent before I sign the new lease and or can the landlord raise the rent with no notice but do so at the time of the lease being changed ?
There’s 60 apts all on a month to month and this is being down to all tenants.
But we need to know if rent can be raised at the last second when a new one year lease is signed which they are making mandatory for all, or so landlords still have to give a 30 day notice before they can raise the rents or force a new lease to be signed ?
Thank you for your inquiry!
We are happy to clarify our writings, though are unable to comment on your particular fact situation.
Best regards!
Not sure if you’re still reading this. So i’m month to month on my lease, have been for the past year. Today I get a note on my door, printed out from Microsoft word (in broken English) saying I need to add $30 to my rent every month for pet rent. Is this allowed? Do they need to give me proper documentation or can they just enforce this with something they printed out?
Hello ft Editorial Staff,
I am renting an apartment and in my original lease it stated once my year ended I would move to a month-to-month agreement as opposed to the year agreement I was in. It has reached near the end of my year lease and I was presented with an addendum to my lease with a proposal of a small increase in my rent and a new year lease. The wording presents as if this is the only option available and that if I am not satisfied with this arrangement, by not signing the newly presented contract, I will have to vacate the premise. Do they have grounds to do such? I am not interested in a new year lease, I was looking forward to the month-to-month. I intend on speaking to the management company regarding this matter, but wanted some guidance beforehand; any advice would help.
Thank you.
I am a tenant, who is bringing in a new co-tenant to my apartment I am renting. My landlord is increasing the rent (less than 10%, no issue there) and is asking my to sign a Change in Terms of Tenancy with the FORMER roommate on the form, not the new one. Is there any risk of signing this until I get the new, updated lease with the correct tenants and monthly rental terms?
Dear Scott Woodruff,
Thank you for your inquiry. When a landlord changes the terms in a rental agreement and provides a Notice of Change in Rental Terms, the notice will reference the current tenant(s) who entered into the original rental/lease agreement. Until a new rental/lease is entered into, the “former” tenant remains responsible under the original lease. With regards to any risk involved, we are unable to comment on your personal fact situation and recommend you seek the advice of a qualified professional.
Regards,
first tuesday Editorial Staff
I have terminated my property manager and I am going to manage my rental. Do I need to do the Residential Lease/Month-to-Month between myself and the renters or do I issue a Notice of change in terms of tenancy?
Thank you.
Nancy,
Thank you for your inquiry. When terminating or replacing your property manager, use the Change of Owner or Property Manager Addendum – RPI Form 554 to notify the tenant of the change. You do not need to replace the lease/month-to-month agreement.
Regards,
ft Editorial Staff