Question
What to do if tenant doesn't pay rent increase?
I sent a letter in October stating that I needed to increase their rent as if November (haven't increased it in 15 months). It is NOT under rent control and their lease is already expired so they're month to month. They called and asked if I would change my mind, I flat out said I couldn't afford to since my income has also dropped and the alternative would be to not to make my mortgage payment and lose the house and are free to move out if they can't afford the rent. So today I get their rent without anything added and instead a post-it saying that they understand that I'm going through tough times but so are they! wtf. What are my rights? This is in Los Angeles. (if they're so broke then how could they afford to have a 4th baby this year, am I supposed to suffer financially to pick up their tab?) CPA guy that is right on, thanks.
3 weeks ago - 3 answers
Best Answer
Chosen by Asker
You need to return their check to them, and then issue a 3 day notice to pay or quit. You gave them the obligatory 30 day notice of a rent increase, and that was kosher due to the fact there is NO lease and they are on a month to month tenancy. Heck, you could raise the rent monthly if you so desired. Fact is, their note means nothing. Do NOT cash or deposit the check as that might be seen as you accepting them paying the old amount and they might try to use that against you. Return it and move forward with an eviction if you must. This is business, not personal. You have to look out for your bottom line, and for most, rent goes up yearly...they got 3 mos grace .. LOL
3 weeks ago
Asker's Rating: 
Other Answers
Send them a bill for the balance and let them pay or you could evict them. They are not in a lease. You are not abusing your position. I understand they are upset but what are you going to do. It is better than all of you looking for a new place.
by timothy p- 3 weeks ago
Here's where you made your biggest mistake: "I flat out said I couldn't afford to since my income has also dropped and the alternative would be to not to make my mortgage payment and lose the house and are free to move out if they can't afford the rent." Now they know you're in a tough position and that evicting them would cause you more financial harm than it's worth. They know they have the upper hand. You can do one of two things: you can back off and just take what you've always taken, or you can threaten to evict them which will mess up their credit and may make it difficult for them to find another place to live. I'd call their bluff. List the home in Craigslist for the higher rent and show them the link. Then tell them that you received a bunch of calls (even if you didn't) from people asking to see the place. Remind them that if they leave without paying what they owe, that you will subtract whatever they owe from the deposit and that if you are still owed any more, you will pursue the claim in small claims court.
by The CPA Guy- 3 weeks ago