Mike is paying Lola $500 a month for an apartment rental on a month-to-month basis. In the middle of the month, Lola tells Mike that she is going to increase the rent to $550 a month. Mike tells her that it might be difficult for him to come up with the extra $50, and the conversation ends. The first of the next month, Mike pays Lola $500 in rent as usual. Lola gives him 3-day notice for nonpayment of rent, and when he does not pay the extra $50 or vacate, Lola files a petition for restitution in order to regain possession of the apartment. Mike argues that the rent increase does not apply to him because he was not properly notified of the increase.
How should the judge rule?
- A. For Lola, because Mike did not pay the rent owed.
- Sorry, but that's not the correct answer. Please select another.
- B. For Mike, because the rent was not increased properly.
- The correct answer is B. In order to increase the rent during a month-to-month tenancy, the landlord must give the tenant written notice 30 days before the date the rent is due. In this case, Lola did not give Mike written notice of the increase, and therefore he did not have to pay the increased rent. Moreover, even if the notice had been in writing, Lola did not give 30 days notice, as required.