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my land lady is in failing health. Her husband claims to have power of attorney. My rent has been made 50 dollars higher .they claim it goes back 6 months I was never notified until last month. I have a month to month lease. Do they have to make that request in writing and does her husband have to prove to me he has power of attorney? In writing I was threatened he would evict me if I contacted the landlady about this rental 

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What state is this in?  Calfornia?

 

Does your lease mention anything about notice given when rent increases?

 

What type of lease do you have?  A month-to-month lease that lasts for a year, or some other type of lease?

 

If you have a lease for more than 30 days (e.g. 1-year lease), your rent cannot be increased during the term of the lease, unless the lease allows rent increases. If you have a periodic rental agreement (month-to-month), your landlord can increase your rent, but must give you proper advance notice in writing. (Civil Code Section 827 (b))

 

As of January 1, 2001, a landlord must give the tenant at least 30 days’ advance notice if the rent increase is 10 percent (or less) of the rent charged at any time during the 12 months before the rent increase takes effect. A landlord must give 60 days’ advance notice if the rent increase is greater than 10 percent. (Civil Code Section 827b.)

 

He does not have the power to evict you with no reason.  Ask him to show you the power of attorney.

 

If you have the landlady's phone number, ask a friend or a relative to call her anonymously (on your behalf, and the friend/relative if possible should not mention that they are calling on your behalf unless they want to) and that friend should ask the landlady if she will be collecting the rent payments or is it okay to give the payments to her husband.

 

Can you afford to pay the rent increase or would you prefer to move somewhere else?

 

Landlords are required to provide a 60-day advance notice to a resident if the landlord elects to terminate a tenancy. If the tenant has resided in the unit less than 1 year, the landlord is only required to give a 30-day notice. (Civil Code Section 1946.1)

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I'm uncertain why the prior response is assuming this happened in CA.

 

Nevertheless, I don't know any state in which a landlord can legally make a rent increase retroactive for a month-to-month tenant.  No, the landlord's husband does not have to provide you with a power of attorney.

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3 hours ago, Katherine Helling said:

I do live in ca. and had a one year lease

 

Give us the from-to dates.

 

3 hours ago, Katherine Helling said:

the landlord changed it to month to month because I was behind 

 

When and how did that happen? Provide dates. Details count.

 

3 hours ago, Katherine Helling said:

there is no signed month to month lease and there has never been one

 

Month to month rental agreements don't need signatures and they don't have to be in writing so you are going to have to provide a better explanation of what happened.

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