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.

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1 Lawyer Answer
James L. Arrasmith
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Answered

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.

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