Not valid banking
The notice is invalid
Your rent can only be increased as much as this year’s 3% CPI + prior year’s CPI, but no more than 10% (the CPI – Consumer Price Index, which changes every year). Based on your response, it seems like your rent increase is more than this. To enforce your rights, you can respond to the invalid rent increase by writing a letter to the landlord informing them that the rent increase attempt is invalid. You do not need to tell your landlord why it’s illegal or the correct amount. If you have repairs issues, this is the perfect time to cite those. For more information, visit our repairs section [Repairs].
At the same time or shortly after the letter, we recommend filling a petition with the Rent Adjustment Program in Oakland. This petition will pause the rent increase and will start a process towards a hearing. During that hearing both the tenant and landlord can argue their case and present evidence. It sounds intimidating and it can be but you don’t need a lawyer and the Rent adjustment Program has lots of resources to help you through the process. You can reach them at (510) 238-3721.
If your landlord does believe the amount is valid, submitting a Rent Adjustment program petition can help clarify for both you and the landlord what’s actually valid.
You have the right to continue paying the current rent (before the increase). However, your landlord may continue to pursue that rent increase through a 3-day notice. If you receive a 3-day notice based on the increased amount, then be ready to pay the increase, if you can. You can recover that money by filing a petition with the Rent Adjustment Program due to the notice being invalid.
If the Landlord insists that you pay the rent increase, and you believe it is illegal you can complete a Rent Adjustment Program petition within 90 days of receiving the rent increase notice or 120 days if you’re landlord did not include a RAP notice with your lease.