Those Tricky Landlords....
Q. I just discovered upon receiving my new lease - that my landlord raised my rent last year - slightly more than the 2.5% or whatever was allowed. What should I do to go about getting this fixed?
A. The terms of your new lease may be dictated by the terms of your old lease. It may be that the old lease has an automatic renewal clause in it, which provides for a 2.5% increase (or whatever amount your landlord charged you). If the new rent you're being charged is higher than allowed under the old lease, you should send a simple, friendly letter to the landlord before your next rent check is due, noting the incorrect amount you were charged, and advising the landlord that your rent check will reflect the correct amount of rent due. Keep a copy of the letter, which helps you document everything. The letter also lets you know if the landlord is going to be difficult.
If this is a new lease, and not based on terms in a previous lease, most, if not all, states have certain laws about the amount a landlord can increase rents in a residential apartment or house. If your landlord is in violation of your state's laws, you do have rights and you shouldn't be afraid to enforce them. Of course, you may want to pay an attorney to help you navigate the quagmire that is landlord/tenant law. It's probably in your best interest to run this by a landlord/tenant attorney in your area.
Finally, if this is a renewal, and you can't afford the new rent, you don't have to renew. Of course, you'll have to give appropriate notice under the lease if you plan to leave, and you'll have to find a new place to live as well. But you may have this option, depending on the precise terms of your expiring lease. Read it carefully before you act.
Good luck.
A. The terms of your new lease may be dictated by the terms of your old lease. It may be that the old lease has an automatic renewal clause in it, which provides for a 2.5% increase (or whatever amount your landlord charged you). If the new rent you're being charged is higher than allowed under the old lease, you should send a simple, friendly letter to the landlord before your next rent check is due, noting the incorrect amount you were charged, and advising the landlord that your rent check will reflect the correct amount of rent due. Keep a copy of the letter, which helps you document everything. The letter also lets you know if the landlord is going to be difficult.
If this is a new lease, and not based on terms in a previous lease, most, if not all, states have certain laws about the amount a landlord can increase rents in a residential apartment or house. If your landlord is in violation of your state's laws, you do have rights and you shouldn't be afraid to enforce them. Of course, you may want to pay an attorney to help you navigate the quagmire that is landlord/tenant law. It's probably in your best interest to run this by a landlord/tenant attorney in your area.
Finally, if this is a renewal, and you can't afford the new rent, you don't have to renew. Of course, you'll have to give appropriate notice under the lease if you plan to leave, and you'll have to find a new place to live as well. But you may have this option, depending on the precise terms of your expiring lease. Read it carefully before you act.
Good luck.
posted by David Kendall at
6:02 PM
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