Rent Increase After a Year on Lease

By Tenant

Although landlords have the right to increase the lease, they should only do so within the rent guideline. The rent guideline would discuss the reasons for a possible rent increase but it will not include a cap in the interest rate. If the landlord wants to increase the rent but beyond the rent guideline, then a discussion needs to be taken at the tenant-landlord board. The rent guidelines basically refer to the rental market in the area.

So what are the instances that would make a rent increase illegal?

1. If the rent increase only applies to you, while the rest of your neighbors are paying the same. But you also need to consider the fact that maybe you’re the only one whose lease agreement is about to end.
2. A rent increase should only be offered or done after the expiration of your lease agreement. Your landlord cannot increase your rent in the middle of your term because that would make your agreement void with the changes.
3. If the rent increase was done to “punish” you for reporting violations you have noticed in the apartment or if you have been requesting a lot for repairs and so on.
4. For a rent increase after the lease agreement, your landlord must give you 30-, 60- or 90-day notice, depending on what’s applicable in your state.

How do you challenge a rent increase?

Of course, not all tenants would be very understanding of a rent increase. In fact, there could be a good number of tenants out there who take the risks of challenging their landlords. But how do you do that the right way?

• Check the amount of rent offered in other apartments in your area. Compare the utilities included as well as the size and feel of the apartment. It’s the same neighborhood so you’ll probably get a good gauge as to the existing housing market.
• Look for bargaining rooms. Is the apartment fully occupied? If not, how many units are vacant and for how long? Also consider if the vacancy is because they are still being prepared for the next tenant or if they have been vacant just because the landlords couldn’t get renters.
• Check the condition of the apartment. Are there are a lot of repairs needed done? What about the community?

Yes, there are really a lot of considerations to make prior to agreeing to pay rent increase. If you are unsure that you would like to continue with the lease, it is recommended that you do not pay the rent increase because if you dispute later on, the judge will take it against you. For any disputes that you may have, you can file a complaint through the RPA mediation center.

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