Q: Landlord raised rent without 90 days written notice several times in the past
Can the tenant recover the increased rent for the period of 90 days? I.e. if the rent was raised by $100 per month without the required 90 days notice, can the tenant recover the extra $300 in rent paid during the 90 day notice period, over and above what he would have had to pay had he been served the proper notice and the increase in rent had not gone into effect for 90 days?
A: Arguably a tenant is able to recover all additional rent paid during the prior 12 months, plus their court costs and attorney's fees, plus not have to pay the increased rent for at least the next three months, or until the landlord does provide proper and legal 90 days advanced notice of the rent increase. This is the sort of case many landlord-tenant attorneys would consider taking on contingency where you wouldn't owe any attorneys fees past an initial evaluation fee. Rather the attorney would collect their fees from the landlord upon winning. So consider reviewing everything with a landlord-tenant attorney to confirm the strength of your case and to make a game plan. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
