Q: I've rented over ten years in current apartment. This year's lease is ending and my landlord wants a 10% rent increase
A 2 bedroom apt that has a broken radiator in one room and needs new toilet, so can't have roommate. I told them fine, but I need them fixed so I can get a roommate to share expenses.
They replied they'll fix them, but now the new lease will be month to month.
Is any of this legal?
A: When a lease ends, the parties are free to renegotiate all the terms of the lease. The only restriction on this is if the municipality has adopted ordinances governing rental property.
A:
Yes and no. A 10% rent increase is a nonstarter. Absent rent control, where increases must stay within guidelines, the court will look at the reasonableness of the rent increase. Generally speaking, 5% is the ceiling, but this can increased by investment in the property, time since the last increase, area market values.
The repair issue is troubling. It is dependent on other factors. How is the toilet broken? Are there other toilets in the unit? Is the unit properly heated, including the room with the broken radiator?
The switch to month to month renting seems to be retalitory. It was in response to reasnable requests for repair.
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