Los Angeles Rent Control RAC Regulation 310 discusses the adjustment of rent for additional tenants in rental units.
I have made my position regarding Los Angeles rent control clear in previous blog posts. I believe rent control should be repealed. However, for now, landlords subject to rent control must comply with the rules and regulations outlines in the rent control laws. One such regulation is known as RAC Regulation 310 and discusses when and how a landlord may adjust the rent for an additional tenant.
RAC Regulation 310 allows a landlord to increase the rent by up to 10% for each additional tenant if the additional tenant increases the number of tenants that existed at the inception of the tenancy. However, RAC Regulation 310 imposes several restrictions on this right to increase rent, including, but not limited to:
- The landlord must serve the rent increase notice on the tenant within 60 days of receiving actual or constructive knowledge of the additional tenant.
- This notice must be served on the tenant in accordance with Civil Code 827.
- A new occupant does not become a tenant until living in the rental unit for at least 30 consecutive days (if less than 30 days, the occupant is considered a guest).
- If the landlord has increased the rent pursuant to RAC Regulation 310 and then a tenant moves, the landlord may be required to reduce the rent accordingly. The tenant must provide written notice to the landlord stating the name and the move-out date. The rent reduction would become effective on the next rent due-date, provided at least 30 days have elapsed from the time the tenant gave the written notice to the landlord.
- The landlord may not increase the rent under RAC Regulation 310 for the addition of the first minor dependent child.
- When an original tenant vacates, the tenant may be replaced by a different tenant without an increase in rent. However, when all original tenants have vacated, the rent may be increased. See LAMC 151.06C.
One benefit to landlords under RAC Regulation 310 is that the landlord still has the right to approve or disapprove the new adult tenant, so long as the approval is not unreasonably withheld. See LAMC 151.09 A2b. The landlord may apply commonly accepted standards for screening tenants including the tenant’s rental history, ability to pay the monthly rent, creditworthiness and employment. The landlord and existing tenants may agree to enter into a revised rental agreement which includes the additional tenant. A landlord must also not approve additional tenants if the maximum number of tenants would exceed the permissible number allowed under state law.
If at the end of a lease term, an occupant who was not approved by the landlord is the sole person remaining in possession, RAC Regulation 310 allows the landlord to evict for this reason. See LAMC 151.09 A.7.
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