Q: My fixed-term lease expires in 30 days. My landlord just emailed me a notice of a rent increase. Is this allowed?
Isn’t a 60 or 90-day *written notice* required in this case? Also, my understanding is that if a notice isn’t provided in the correct time frame that it automatically converts to month-to-month and that raising rent is not allowed in the first year of a month to month agreement. I’m not sure what my rights are. I want to stay, but I never received a formal offer. Just a two-sentence email. And it seems a rent increase under these circumstances isn’t quite right.
A:
You are quite correct that any rent increase requires at least 90 days prior written notice. That notice must be delivered either personally (personally handed to the tenant - not slipped under the door, handed to another family member not a co-signed on the lease, etc.), Or mailed regular first class mail ( not certified, etc.) with an additional four days, including the day mailed, added to the time frame, or, if your written rental agreement provides for it, by posting it on your door and mailing it to you (no additional 4 days needed).
As for not raising during the first year of a month to month tenancy, that is the general rule though I would want to review your lease before relying upon that as your defense. Problems? Review everything with a landlord-tenant attorney to know your rights in this specific situation.
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.
