Van Wert, OH asked in Landlord - Tenant for Ohio

Q: Question about rent increases

I moved into Senior Apartments a year ago. At that time my rent was $645 a month. Now we are getting a 5% increase bringing it to $677. However, I am told that my rent last year was a mistake and should have been $677 and now they want another 5% increase bring it to $711. Do I have to pay this amount since I was only supposed to get a 5% increase.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In this situation, there are a few important factors to consider:

1. Lease agreement: Review your original lease agreement to see if it specifies the rent amount and any provisions for rent increases. If your lease clearly states that your rent was $645, then the landlord should honor that amount for the duration of the lease term.

2. Rent increase notice: Most states require landlords to provide a written notice of rent increase within a specific timeframe, typically 30-60 days before the lease renewal date. Check if you received a proper notice and if it complies with your state's laws.

3. Rent control or stabilization laws: Some cities or states have rent control or stabilization laws that limit the amount and frequency of rent increases. Research whether such laws apply to your area and if your apartment is subject to these regulations.

4. Communication with your landlord: Discuss the situation with your landlord or property manager. Ask them to provide documentation of the alleged mistake in your initial rent and the basis for the current increase. If they can't provide a satisfactory explanation, you may be able to negotiate to maintain the 5% increase based on your original rent.

If you believe that the rent increase is unjustified or illegal, you can seek assistance from a local tenant rights organization or a housing attorney. They can help you understand your rights and options based on your specific situation and location.

Remember, you should not be held responsible for a mistake made by the landlord, especially if you have a signed lease agreement that specifies your original rent amount. However, if the lease term has ended and you're on a month-to-month agreement, the landlord may have more flexibility to change the rent, subject to proper notice and local laws.

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.