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Neighborhood
Legal Services, Inc.
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RENT INCREASES
© 1991-2003 by Neighborhood Legal Services, Inc.
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Is there any limit to amount of rent a landlord can charge?
Generally speaking, a landlord can charge any amount for rent.
Can a landlord increase the rent after I move in?
If you have a lease, the landlord cannot increase your rent while the lease is in effect unless the lease allows it. If you don't have a lease, the landlord also can raise the rent to whatever amount he or she wants after you move in, as long as it is done correctly.
Does my landlord have to tell me in advance of a rent increase?
If you have a lease, read it over to see whether the landlord can increase your rent and how it must be done. If you do not have a lease, your landlord has to tell you one month before the month of the rent increase. For example, if your landlord wants to raise your rent on January 1, she must give you notice on or before November 30. The notice does not have to be in writing.
Are there reasons why a landlord cannot increase my rent?
Yes. Your rent cannot be increased for the wrong reasons. Your rent cannot be raised because you called a building inspector, joined a tenant's rights group, or tried to enforce your rights as a tenant. Your rent cannot be raised because you have a new child, or, in most cases, because someone else has moved in with you. Your rent cannot be raised because your landlord doesn't like the race of your visitors or, in most cases, the sex, religion or disability of your friends or family. If your landlord tries to do this, it may be illegal discrimination for which your landlord may be sued.
What will happen if I don't want to pay the rent increase?
If you do not want to pay the increase, pay your landlord the old amount. As long as you pay the originally agreed upon amount and you have not agreed to pay the new amount, your landlord may not evict you for nonpayment of rent. However, your landlord may decide to give you a one month notice to move.
Can the landlord try to evict me if I don't pay the increase?
Your landlord may not start a nonpayment eviction against you just for the additional rent. Some landlords do not understand this though. If you do get court papers for the increased rent you refused to pay, you should contact Neighborhood Legal Services immediately.
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