What Are The Rules On Raising The Rent?
Are you renting “or” are you planning on becoming a renter? If so, you should know the rules about rent increases. Those that rent will tell you “rent increases are never fun.” Yet, most renters (when it’s time to renew their lease) have to hold their breath in hopes their rent doesn’t increase (and or) the rent increase is still within their budget, especially for those that love where they live and want to stay put.
When it comes to raising the rent – most landlords will go by the book and will play by the rules. Although, some landlords don’t play by the rules leaving tenants vulnerable and wondering: What are the rules on raising the rent?
To give renters a peace of mind – here are some answers about landlords raising rents:
Can landlords raise rent whenever they want? Thankfully, landlords can’t just raise your rent as they wish. Landlords have to wait until the signed contract expires. Meaning, they can’t raise the rent until the term expires on your mutually agreed lease. Those that sign a one-year lease agreement can’t endure a rental increase until the end of one-year. And same goes for a two-year lease, three-year lease, and so on; the landlord must wait until the term of the lease ends before bumping up the rent (which is why signing a longer lease is prudent to keep down rent). For those renting month to month, (as you might have guessed) at the end of any given month your rent can’t go up as long as the landlord follows certain protocols and gives the tenant a proper rental increase notice.
So how much notice in advance should a landlord give a tenant when increasing the rent? It varies from state to state, but in most states, landlords are legally bound to give tenants at least a 30-day notice of a rent increase, but even that may vary based on how high the landlord intends to hike up the rate. And in California, the timeframe of 30 days expands to a 60-day notice if the rent increase amounts to more than 10% of the rent. Even for “tenant at will” (i.e., you do not have a lease) and (more astoundingly) a tenant renting a room in a house paying weekly rent; the same rules apply.
How much can landlords legally bump up the rent? In most cases (when it comes to raising the rent) it is up to the landlord's discretion, and there are no rules (with exceptions.) If you live in a rent-stabilized (and or) live in a rent-controlled apartment, there are strict government provisions in place as to how much rent can be raised “if” it can be increased at all. But don’t get too excited. Finding one of these apartments is sort of like finding a needle in a haystack. And chances are “if” you don’t know if you have a rent-regulated apartment, most likely you do not. Also. It is important to note that a landlord can’t raise the rent to punish a renter. For example, the landlord can’t raise the rent just because the tenant contacted the Board of Health for a health code violation. A landlord who raises the rent in such a way is definitely on the wrong side of the law and could be made (if found guilty) to pay as much as triple damages and court costs.
So, what should a renter do if they think their landlord illegally raised the rent? First off, don’t just assume anything. Most landlords play by the rules, but if “for some reason” your landlord isn’t playing bu the rules; you need to be vigilant. It is vital that you keep track of every correspondence, take pictures, along with keeping track of the dates of each communication and taking notes, especially when communication is verbal. Keep in mind “if” you need to go to court, you’ll need to prove all claims.
Overall, the vast majority of renters never have to deal with landlords not playing by the rules. But, no matter what “all” renters should understand “all” of their rights to rent. It is also important to remember that tenant communication with the landlord is very important. It is also important to remember that even though renters have certain rights, at the end of the day, the landlord owns the property. And if the landlord chooses, the landlord is entitled to find a new tenant once the tenancy expires.
For more information about rent increases in California, you can visit CA.Gov Consumers Affairs
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