Can my landlord collect back rent if he continues to except the old rent amount for a period of 23 months?

UPDATED: Aug 16, 2012

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Can my landlord collect back rent if he continues to except the old rent amount for a period of 23 months?

My rent was supposed to increase several years ago. However, my landlord continues to except the old rent amount and has done so for a period of 23 months (with no prior notices of any kind). Do they have the right to force me to pay back rent?

Asked on August 16, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So long as your landlord accepts an amount different that what the new rent is supposed to be, you have a valid argument that the landlord waived such an increase in the monthly amount. The twenty-three (23) month period of what the rent has been clearly shows that any increase to be applied retroactively would be deemed waived under the law by the landlord.

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