It is common knowledge throughout the state of California that landlords are prohibited from unilaterally increasing rent midway through a tenant’s lease term. California Civil Code § 1950.5. (A distraction employed by unscrupulous landlords to intimidate and harass California tenants.). This is based on the fact that the one party to a contract cannot, “unilaterally change the terms of a contract; it must obtain the other party’s consent before doing so.” Douglas v. United States District Court for Central District of California, (9th Cir. 2007) 495 F. 3d 1062, 1066. It is also important for California tenants to understand that a new property owner also may not unilaterally increase the security deposit during a lease term simply by virtue of the fact that they will or will recently obtain an ownership interest in the property. They must honor the security deposit amount established preceding their assumption as the landlord. Of course, California tenants are free under the law to assent to an additional security deposit amount during the lease term. That notion, however, invites a more fundamental inquiry: what California tenant would agree to that?
No, A New Landlord May Not Increase A California Tenant’s Security Deposit Midway Through A Lease Term
