When Can Landlords Increase The Rent Of Their Tenants

Landlords, for the most part, have the right to boost a tenant’s rent without confines in a jurisdiction that is non-rent controlled.  To do this, they must dismiss the old lease contract and produce a new one that reflects the new rent increase.  It’s done by giving the tenant proper notice of the increase and the current lease being terminated so they can decide if they want to agree to the new lease, higher rent agreement.

How Long Before The Change Takes Place Does The Landlord Have To Notify His/Her Tenant

How long a landlord has to notify his/her tenant of the change is contingent on the kind of lease agreement the parties entered into including:

1 - Periodic Tenancy – If the parties entered into a periodic tenancy agreement, the landlord must provide them with proper notice before the rent increase takes effect.
2 – Tenancy for a Term – If the parties entered into a tenancy for a term agreement, the lease agreement terms determine how much the rent is. Both parties must abide by it and no increase can take effect until the fixed lease period ends.
3 – Month to Month – The majority of jurisdictions demand a 30-days notice before the landlord can increase the rent on a tenant.
4 – Week to Week – The majority of jurisdiction demand a 7-days notice before a landlord can increase the rent on a tenant.

Is The Landlord Allowed To Boost The Rent Of Their Tenant In A Rent Controlled Jurisdiction

Actually, sometimes they can. If the tenant lives in a jurisdiction that is rent control, then the increase must be in accordance to the regulations of the rent control board. Common reasons to increase rent in these areas include:

1 – Annual Guidelines – The board issues a yearly report that has a rent increase guideline in it. The guideline is the most amount the landlord can increase the rent by on a current tenant without getting approval from the board. The proper notice must be given to the tenant - 30 to 90 days – before the increase goes into effect.

2 – Capital Improvements – When a building owner makes improvement to the building that’s subject to rent regulation, he/she can increase the rent based on the improvement’s actual cost. Eligible rent increases are based on the following:

- Capital improvement must be new, not a repair.
- Owner must turn give the board a “capital improvement rent increase” application.
- No increase in rent can be done until the board approves it.

3 – Owner Hardship – An owners may get a rent increase if he/she is not making enough on the investment under the regulation’s permitted maximum increase. Eligibility for the increase are based on two things:

- Owner must provide the rent control board the owner hardship application.
- No rent increase is allowed until the board issues the order and approval.