I dont have a contract anymore and have been living in my house for two years. Is there anyway I can stop him from increasing my rent? He has given me a months notice.
2007-12-11 22:56:07 · 11 answers · asked by helenm 1 in Business & Finance ➔ Renting & Real Estate
assuming you are in the USA, your state statute will place you at a month to month rental as such with a month notice the landlord can raise your rent
only if you lived in an area where your rental was under rent control would you have a case
2007-12-11 23:23:45 · answer #1 · answered by goz1111 7 · 0⤊ 0⤋
Hi. Once you're on a month to month basis, the landlord can legally raise your rent once in every 6 month period.
However, if the raise is extreme and no improvements or repairs have been done to the premises to warrant such an increase, you can contact your local tenancy tribunal and challenge the rent increase. The notice of increase should have given you that contact information on it.
I would mention though that most landlords / agents simply state that the rental prices in the area have increased and give this as a reason for your raise. It's hard to challenge that.
If you do choose to challenge the increase, it will probably take some time before your case is heard. During that time, do NOT withhold money or create issues with the landlord. Simply remain calm and pay the extra rent and allow the legal proceedings to take their course.
Some people like to take the law into their own hands and withhold extra monies, or pester the landlord for every little "improvement" under the sun. I can guarantee, this will have no effect on the situation other than to create a hostile relationship between you both which simply cannot have a happy outcome for you.
I also want to mention that a trick landlords / agents use to try to calm tenants is to suggest you sign a new lease - generally for at LEAST 12 months.
Please know that even if you were to sign a new lease, this does NOT stop the rent increasing at 6 month intervals. It simply locks you in and makes you legally liable for the full rent (including increase) until such time as the lease is up or a new tenant is found.
Even if you moved out a week after signing, you would still be legally liable for the full rent on the place until a new tenant is found - even if that takes 6 months! Consider carefully signing a new lease. Right now you have the freedom to just go. On a lease which locks you in, you have legal obligations which you cannot avoid.
You are actually far better off on a month to month basis where you have the freedom to go should things evolve beyond your budget.
If you are seriously unhappy with the situation, then begin looking for a new place to live. After all, if you're on a month to month basis, then you only have to give 28 days notice to vacate!
Best of luck
Peps
2007-12-11 23:13:43 · answer #2 · answered by Peps 4 · 0⤊ 1⤋
In most states, a landlord can raise the rent (no limits) on a month to month tenant with proper written notice - ususally 30 days or one rental period.
Unless you are living in a rent controlled area, there is not much that you can do. Either pay the increase or give proper written notice and move out.
2007-12-11 23:42:39 · answer #3 · answered by ? 6 · 2⤊ 0⤋
If you had a fixed lease and it expired and you're still living there, you're a month-to-month tenant. In most places that means that the landlord can raise the rent as often as he likes as long as he gives you 30 days written notice (check your local landlord-tenant code for the exact time frame). It's the price you pay for flexibility in moving out. If you're able to, ask for a fixed lease so that the rate can't increase until the lease expires.
2007-12-12 10:56:06 · answer #4 · answered by Willow Natalia 6 · 0⤊ 0⤋
Without a long term lease, the landlord may raise your rents with a month's notice in most areas, unless they are rent-controlled.
Your choices are to stay and pay, negotiate, or move out.
2007-12-12 03:26:46 · answer #5 · answered by acermill 7 · 0⤊ 0⤋
Yes he can, and he can raise it every month, however much he wants to raise it. If you don't have a written lease in force, he only has to give you a 30-day notice to raise the rent or even ask you to leave.
If I were you, I would ask him to draw up another lease, a minimum of 12 months, to give you AND him some security.
If he refuses, then I would move.
2007-12-11 23:58:24 · answer #6 · answered by Expert8675309 7 · 1⤊ 1⤋
without an active current lease, he could increase it every month if he wanted to - better sign a new lease to lock in the new rate for 12 months
2007-12-12 02:57:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No, you have no recourse. Either pay the current rent ,or move out.
2007-12-11 22:58:41 · answer #8 · answered by WC 7 · 2⤊ 0⤋
NO! He can raise it and will probably continue to do so without you signing a lease.....
2007-12-11 22:58:42 · answer #9 · answered by da_zoo_keeper 5 · 1⤊ 0⤋
Since he owns the property, he can do whatever he wants.
He could sell the property if he wanted to.
2007-12-12 10:34:22 · answer #10 · answered by Terry S 5 · 0⤊ 0⤋