Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)

Citation: Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)
Parent Document: Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)
Jurisdiction: California (state)
Effective Date: 2009-06-19
Original Source: https://www.courtlistener.com/opinion/2267097/bisno-v-douglas-emmett-realty-f... ↗

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In addition, landlords may increase the rent for a “lawful sublessee or assignee” when the original occupants “who took possession of the dwelling or unit pursuant to the rental agreement with the owner no longer permanently reside there.” (§ 1954.53, subd. (d)(2).) This right does not apply to “partial changes in occupancy . . . where one or more of the occupants of the premises, pursuant to the agreement with the owner provided for above, remains an occupant in lawful possession of the dwelling or unit, or where a lawful sublessee or assignee who resided at the dwelling or unit prior to January 1, 1996, remains in possession of the dwelling or unit.” (§ 1954.53, subd. (d)(3).) Although the landlord may raise the rent according to a formula pegged to the fair market value (see § 1954.53, subd. (c)), nothing in the statute precludes “express establishment in a lease ... of the rental rates to be applicable in the event the rental unit subject thereto is sublet.” (§ 1954.53, subd. (d)(1).)

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