How to Know if a Rent Increase Is Illegal
Get a copy of your written lease., Review your rental agreement., Check your state's law., Send your landlord a letter.
Step-by-Step Guide
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Step 1: Get a copy of your written lease.
If you have a written lease, its terms cannot be changed while it is in effect.Your lease dictates the amount of rent you may be charged during each month.
It may also include notice provisions that require your landlord to send you written notice of an increase in advance.
Typically your landlord will present a new lease within 30 days or so of the end of your lease.
Signing the new lease means agreeing to rent for another year at the new rate, which may be higher than what you're currently paying.
Your lease may allow rent increases for certain reasons, such as if you add a roommate or a pet.
If you haven't done any of these things and your landlord is proposing a rent increase to take effect before your lease has ended, this is an illegal rent increase. -
Step 2: Review your rental agreement.
If you are a periodic (month-to-month or week-to-week) tenant, your agreement with your landlord typically won't protect you as much as a longer-term lease would.As a periodic tenant, you may not have a written lease.
When and how your landlord may raise your rent is governed by state law rather than by a contract signed by you and your landlord.
The law in most states allows your landlord to increase your rent, but he or she must give you at least one month's notice before the increase can go into effect.
Typically this notice must be in writing – even if you don't have a written rental agreement.
If your landlord hasn't provided that notice, you can demand it and refuse to pay the increase until the 30-day notice period (or whatever notice is required by your state's law) has elapsed.
This won't keep your rent from going up, but it will buy you some time to figure out what to do. , Many cities and states have laws that limit the amount your landlord may increase the rent.Rent-control ordinances limit the amount by which landlords can raise your rent as well as how often they can increase the rent and under what circumstances.
Large cities in California, New York, New Jersey, and Maryland have rent control, as does the District of Columbia.
State notice requirements also may vary depending on the amount of the rent increase.
For example, California requires your landlord to provide 30 day's written notice if he or she is increasing your rent by less than ten percent.
An increase of more than ten percent requires 60 day's written notice.There are also restrictions on rent increases in government-financed housing.
Generally the landlord must send a written request to the state housing agency at least 60 days before the proposed increase would take effect.
The housing agency will approve this request only if the increase is reasonable considering the rental market of the surrounding neighborhood. , If you've determined your landlord's proposed rent increase is illegal, communicate this to your landlord in writing.
Many state tenant's-rights organizations have sample letters available online that you can adapt to your own situation.
Format your letter using the business-letter template available in most word-processing applications.
Include the date and your landlord's name and address.
State when and how you received notice of your landlord's proposed rent increase.
Cite the law or regulation the rent increase violates.
You may want to attach a copy of it for reference.
You should also attach copies of any documents you reference in your letter.
These may include your lease or written rental agreement.
Let your landlord know that you will not pay the rent increase until the landlord complies with the law.
Sign your letter, then make a copy of everything for your own records before you send it to your landlord. -
Step 3: Check your state's law.
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Step 4: Send your landlord a letter.
Detailed Guide
If you have a written lease, its terms cannot be changed while it is in effect.Your lease dictates the amount of rent you may be charged during each month.
It may also include notice provisions that require your landlord to send you written notice of an increase in advance.
Typically your landlord will present a new lease within 30 days or so of the end of your lease.
Signing the new lease means agreeing to rent for another year at the new rate, which may be higher than what you're currently paying.
Your lease may allow rent increases for certain reasons, such as if you add a roommate or a pet.
If you haven't done any of these things and your landlord is proposing a rent increase to take effect before your lease has ended, this is an illegal rent increase.
If you are a periodic (month-to-month or week-to-week) tenant, your agreement with your landlord typically won't protect you as much as a longer-term lease would.As a periodic tenant, you may not have a written lease.
When and how your landlord may raise your rent is governed by state law rather than by a contract signed by you and your landlord.
The law in most states allows your landlord to increase your rent, but he or she must give you at least one month's notice before the increase can go into effect.
Typically this notice must be in writing – even if you don't have a written rental agreement.
If your landlord hasn't provided that notice, you can demand it and refuse to pay the increase until the 30-day notice period (or whatever notice is required by your state's law) has elapsed.
This won't keep your rent from going up, but it will buy you some time to figure out what to do. , Many cities and states have laws that limit the amount your landlord may increase the rent.Rent-control ordinances limit the amount by which landlords can raise your rent as well as how often they can increase the rent and under what circumstances.
Large cities in California, New York, New Jersey, and Maryland have rent control, as does the District of Columbia.
State notice requirements also may vary depending on the amount of the rent increase.
For example, California requires your landlord to provide 30 day's written notice if he or she is increasing your rent by less than ten percent.
An increase of more than ten percent requires 60 day's written notice.There are also restrictions on rent increases in government-financed housing.
Generally the landlord must send a written request to the state housing agency at least 60 days before the proposed increase would take effect.
The housing agency will approve this request only if the increase is reasonable considering the rental market of the surrounding neighborhood. , If you've determined your landlord's proposed rent increase is illegal, communicate this to your landlord in writing.
Many state tenant's-rights organizations have sample letters available online that you can adapt to your own situation.
Format your letter using the business-letter template available in most word-processing applications.
Include the date and your landlord's name and address.
State when and how you received notice of your landlord's proposed rent increase.
Cite the law or regulation the rent increase violates.
You may want to attach a copy of it for reference.
You should also attach copies of any documents you reference in your letter.
These may include your lease or written rental agreement.
Let your landlord know that you will not pay the rent increase until the landlord complies with the law.
Sign your letter, then make a copy of everything for your own records before you send it to your landlord.
About the Author
Claire Ferguson
Experienced content creator specializing in home improvement guides and tutorials.
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