Questions and Professional Answers

• Rental Increase

  My landlord / owner wants to increase my rent. This due to exterior improvments done to the apartment building (no internal). He initially sent a letter to me stating that he will increase our rent at some point. He did not specify a specific amount or time when this increase would take place. I don't mind paying the added rent. It just that he just told me in person that we fogott to pay the increase. I found this odd. If I'm not misstaken, he needs to put increase, new rent amount including increase, date when it will take affacet plus what increase is actually for in writing, correct?

  • Re: Rental Increase

    You don't give me enough facts to answer your question with any reasonable certainty.How long have you lived there?. How much were you paying? What is the increase?Yes, it should be in writing. Enclosed is a web page covering your questions.http://www.dca.ca.gov/publications/landlordbook/living-in.shtmlAlso, there is a question of whether you live in a rent controlled area.If you need more help, feel free to e-mail, or call, my office.

    Robert L. Bennett
    Law offices of Robert L. Bennett
    2117 N. Baker St.
    Bakersfield, CA 93305

• Increase of rental property and lease signing and eviction

  Can I increase the rent $50.00 to my tenants(in Holyoke, MA) if they have been there for 5 months(giving them 60 day notice) with no signed lease or any written agreement and at the same time of sending notice of rental increase, making them sign a lease with rental payment requirements? If they choose not to sign lease or agree to increase, may I start eviction?

  • Re: Increase of rental property and lease signing and eviction

    MESSAGE 1 of 2:First, real world advice: A) Give them a call on or a day or so before the end of the month ... say, TODAY (THURSDAY)! Tell them why you are raising the rent (but you need not write it down) and do so in a way that, hopefully, convinces them to agree. Without their agreement, you do not have a higher rent, but you don't have to say so to them. If they don't accept the increase, you would normally start eviction proceedings, which is something to be avoided (because YOU will lose more than they will, most likely!). Keep the relationships friendly. If the relationship is already sour and that's why you're increasing the rent, please write to me for some additional specific advice.If you are raising the rent because they are causing you to have to do work around the place that's costing you money, don't explain your reasons after all ... and don't even try to raise the rent!Assuming that they accept the lease and are willing to sign the lease, ....b) Follow the phone call with your notice of increased rent or a letter confirming the rent increase that you two discussed on the telephone; try to make sure it gets there, even if you have to hand deliver it yourself (and preferably you do) by tomorrow (FRIDAY!), since you normally must give 30 days notice of a rent increase ... although, again, such increases don't HAVE to be accepted, in which case you'd want to give 30 days notice to "quit" (leave) -- but that's to be avoided, again, for various reasons. Anyway, it's not ONLY 30 days notice for each kind of notice, but it's 30 days AND ending on a rent due date, i.e., 30 days prior to the 1st of a month (right? Is that when you collect rent?).Best by far on the last day possible to have it delivered by a constable; they're cheap and they are in the phone book and easy to find and very good. Get it done by 5 PM. Make sure your call precedes it so they're cool and you've had a chance to tell them that you're required to deliver it formally and you're not trying to attack them. It's also possible to use Express Mail and keep the receipt.CONTINUED!

    Stuart Williams
    Law Offices of Stuart J. Williams
    PRACTICE CLOSED
    Newton, MA 00000

  • Re: Increase of rental property and lease signing and eviction

    MESSAGE 2 of 2:(CONTINUATION)! c) I GUESS you can give 60 days notice but most landlords don't do that.d) Make sure you both SAY and WRITE that you anticipate signing a 1-year lease at the new rate effective the 1st of XXX (whichever month you are targetting).If they choose not to sign a lease or accept the increase, and they don't have any valid defenses, you can start eviction proceedings. There are a lot of valid defenses under the law, so you need to be careful ... actually, consult an actual attorney if the phone call leaves you uncertain what they're going to do and then DO NOT blindly follow any of the above steps. That would then be bad legal advice and under those circumstances I disavow the above advice! The fact that rent is low and the notice longer than usual does play in your favor against an accusation of retaliation, should that come up, but it isn't a hands down winner.Retaliation is a claim made when rent is paid upand an inspection is made by the city or health dept. OR a note sent to you by the tenant about a 'condition' (code violation) in the apartment.Last comment: each rental situation has unique aspects and I haven't asked you a lot of question that any attorney should ask before giving advice. Please, thus, know that this message could be steering you entirely wrong because I don't know all the facts of your case (your unit, subsidies involved, your tenants, your history with them, the condition of the premises, whether you have last month's rent or security deposits, unusual rental terms, etc., etc.) So take this with a grain of salt and consult your own atty!You may call me if you'd like to hire me, though.

    Stuart Williams
    Law Offices of Stuart J. Williams
    PRACTICE CLOSED
    Newton, MA 00000

• Any Limit on Rental Increase?

  I am approaching the end of my second year in my apartment. The rental increase after my first lease expired was $10 per month. I've been notified that when the current lease expires my rent will increase $220 per month if I sign a 12-month lease--the increase is more if I sign for a shorter term. Is there a limit on rental increases in Colorado? Is there any landlord regulation or recourse for a tenant in this situation?

  • Re: Any Limit on Rental Increase?

    Morning,Your options are to negotiate or move out. There is no law that requires the landlord to make rental increases in the same proportion as before. They can raise the rent as they see fit once the contract term ends and they provide you appropriate notice. Good luck.

    Robert Murillo
    Murillo | Associates
    1942 Broadway, Suite 314
    Boulder, CO 80302

• Rental Increase, legal or not?

  I've not yet received a response to my recent question, please help. Landord raises the rent verbally each year and never did so in writing. Rent increase was effective the following month, not 60 days. Isn't this improper notification of rental-increase? The rent increases were paid by the tenant. Tenant is vacating the property, (by the book, proper notice given to landlord etc), so can the tenant sue to recover the rental increases due to improper notification?

  • Re: Rental Increase, legal or not?

    My opinion is that you will not likely be able to recover anything.

    Bruce Gudin
    Levy Ehrlich & Petriello, Esqs.
    60 Park Place, Suite 1016
    Newark, NJ 07102-5504

  • Re: Rental Increase, legal or not?

    For the most part, rental increases (or any changes in the lease) are controlled by the lease itself. If it is in writing, changes need to be made in writing. If you are operating under an oral agreement, presumably, oral changes can be made. On the other hand, even if it was an oral increase, the payment of the increase seems to indicate a consent to the change in lease terms.The simple answer is that anyone can sue for anything at all. Whether the person who sues will prevail is another issue. In the final analysis, after consideration of all relevant factors, it would be up to a Judge to determine whether recovery is possible or not.Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with an attorney experienced in landlord/tenant laws for a full consultation before you take any further steps. Good luck! Rob Gleaner

    Robert Gleaner
    Robert A. Gleaner, P.C.
    415 S. White Horse Pike
    Audubon, NJ 08106

  • Re: Rental Increase, legal or not?

    You and the landlord have a contractual relationship. Where there is no written lease thirty days notice, prior to the next monthly rent payment is required to increase the rent. That would mean that a written notice would be delivered to the tenant by the landlord before the first of the month that the rent is increased effective as of the first of the next month.You could have taken advantage of the failure to give the required thirty days written notice, but when you voluntarily paid the rent increase you construtively ratified the amendment of your rental agreement so that an increased amount of rent was required.Gary Moore

    Gary Moore
    Gary Moore Attorney At Law
    31 Mercer Street P.O. Box 1280
    Hackensack, NJ 07602-1280

• Equipment rental contract

  A 5-yr contract to rent 1 washer & dryer was entered in Mar 1995. On Nov 2000, a letter was mailed to cancel and not to renew was mailed, but the contract stipulated that notice was to be sent certified mail otherwise it will automatically renew for an additional 10-yr term. The original 5-yr contract also stipulated an additional annual increase of 2.5% will be added to the monthly rental amt which had not been previously imposed or collected by the rental co. during the 5-yr term. Realizing their mistake, the rental co. is retroactively charging the 2.5% increase each month to ''catch up'' on their oversight. Hasn't the original contract ended or are we still liable to pay for their oversight/mistake? Also, if the 5-yr contract has ended then doesn't this mean they have changed the terms and conditions of the contract, therefore the 10-yr contract is no longer enforceable?

  • Re: Equipment rental contract

    Well, considering the dollar amounts probably involved, this case would be in small claims instead of regular court, and small-claims judges tend to see that justice is done rather than hewing strictly to the letter of the law or strict terms of the contract. For example, failure to use certified mail might be held unimportant if notice was in fact given and received. The small claims court will interpret the contract and your rights so as to make things fair all around. What some small-claims litigants are unable to understand, however, is that the other guy's position has merit also.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318

• Retaliatory rent increase?

  I sent a letter to my landlord regarding many repairs that had not been made for months, such as a toilet that leaked on the floor, a bathtub without any working faucets, a glass door in the same bathroom that had to be held up while you showered, etc. I told them if the repairs were not made promptly I would use the repair and deduct remedy. Four days after I sent the letter they raised my rent $100 per month and still had not made any of the repairs. This was a month to month rental that I had been renting for 8.5 months before the rent increase. I continued to rent there and paid the increased rent for another 10 months.How do I collect damages for the retaliatory rent increase?

  • Re: Retaliatory rent increase?

    You probably can not. Whenever the rental terms ends, both the landlord and tenant can try to get the other to agree to any change in terms, but the opposite side does not have to agree. But if the tenant is not willing to accept the new terms of the landlord, they there is no rental agreement and the tenant can not legally stay. If the rent increase is very large, it might be possible to argue that it was made to punish someone for reporting a health and safety issue so as a matter of public policy the landlord should not be allowed to force the tenant out. But a $100 increase probably would not be considered that unreasonable. If you had reported the problems to the local agency incharge of health and safety then the law would presume it was done as punishment and no rent increase would be allowed, but you did not make such a report. I presume you are not in a rent control city. You can, after giving the landlord reasonable notice and he fails to act, deduct up to one month's of rent to make the repairs, but that is only 30 days worth of rent. Sorry.

    George Shers
    Law Offices of Georges H. Shers
    4170 Glenwood Terrace, Suite #1
    Union City, CA 94587

• rent increase notification

  Hello: I have a house that I rent out. The current tendant in the house has been there for about 9 years without an rent increase, and signed a lease on move in. However the lease has never been updated. My expenses are increasing, and I would like to increase the rent. The renter rents month to month basis and no changes to the lease have been made over the past 9 years. I'm currently looking for a way to raise the rent. Is there software I can use to do this purpose that would meet my needs and legal needs? I know that you are only supposed to raise the rent a certain amount and over a certain period of time. What are the rules and legal rights in rent increase and how would I do it? Are there forms I can download or use or software to purchase to help manage the issues ( rent increase and the others that arrise)?How do I figure out what I can and cannot do according to the law of CA? Questions: What does the letter of rent increase need to include or say? What should the letter not say or include? What is the percentage of increase that I can increase the rent? How much notice do I have to give the renter? How do I notify the renter? What does the letter have to say and what can I not say? Thanks.

  • Re: rent increase notification

    In further response, you might want to look at California Civil Code section 827. It has to be at least 30 days (if by mail, 35 days). If the increase is over 10 percent, it must be 60 days (if by mail, 65 days). If it's Section 8, it's 90 days (plus 5 more for mail).

    Robert F. Cohen
    Law Office of Robert F. Cohen
    P.O. Box 15896
    San Francisco, CA 94115-0896

  • Re: rent increase notification

    It depends on whether the property is in a rent stabilization area. Since the rental is now month-to-month, if not rent stabilized, you can raise it to the extent that is reasonable. If it is rent stabilized, then check with your city/county housing department. Ideally, a landlord should give the tenant at least 30 days' written notice before the next rent check is due. Keep a copy of the notice. If there are any other changes, such as the tenant has to pay the water or electric bill, gardener, etc., that also should be included. Don't be surprised if the tenant calls, angry, etc., and threatens to move. Certainly, if rents in the area are higher than the tenant will be paying and there are willing potential tenants at an even higher rent, then the tenant will have a choice to make.

    Robert F. Cohen
    Law Office of Robert F. Cohen
    P.O. Box 15896
    San Francisco, CA 94115-0896

• Percentage of annual rental increase

  By law isn't there a limit to the amount of an annual rental increase for a warehouse/rental unit? (percentage?)

  • Re: Percentage of annual rental increase

    NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.There is no such law. Rental increases are open to negotiation between the parties and what the market will allow.Scott R. Jay, Esq.

    Scott R. Jay
    Law Offices of Scott R. Jay
    1575 Northeast 205th Street
    Miami, FL 33179-2133

• Rental Increase

  Is there a limit to the amount a landlord can increase a tenants rent? I am anticipating a 40/50 percent increase. Landlords expenses, tax wise etc. have not increased but the rent is below the market rate in the area. Thanks.

  • Re: Rental Increase

    Unless you have a lease, there is no reason that I know that a landlord can't try to get the most rent he/she can.

    Roy Weddleton
    Jordan, Gfroerer & Weddleton
    4 Park Street Suite 405
    Concord, NH 03301

• rental agreements

  i signed a lease in oct thru dec 07. iw was auto renewed on jan 1 for 12 months I just got a letter saying that all leases will be terminated and i need to sign a new one by apr 1, with a 40 % increase. Is this right???

  • Re: rental agreements

    No, what you've described doesn't sound right; you might want to have an attorney review this lease.

    Michael E. Hendrickson
    Attorney & Counsellor at Law
    211 North Union Street Suite 100
    Alexandria, VA 22314

  • Re: rental agreements

    If your lease automatically renewed for 12 months this might be in error or a deliberate attempt to shorten the lease. In either case, it should be addressed with the landlord. Also, be sure that the lease did not renew in January as "month-to- month".

    Robert Strupp
    Robert J. Strupp,Attorney at Law, PLC
    2325 Dulles Corner Drive Suite 500
    Herndon, VA 20171