How much notice must landlord give before increasing rent?
Dear Consumer Ed:
Since my original apartment lease expired, I am on a month-to-month lease. Can my landlord increase the rent by $150/month with only eight days’ notice?
Consumer Ed says:
No. When your lease expired it converted into what is called a tenancy-at-will. This simply means that the lease has no specified termination date. In a tenancy-at-will, landlords must give the tenant at least 60-days’ notice before making any changes to the rental agreement. This would apply to an increase in the monthly rent amount.
If your landlord attempts to collect rent at the increased rate before 60 days have passed from the time you were notified of the increase, and you refuse to pay the higher amount, your landlord may try to evict you. If that happens, you have the right to contest this by filing a response with the court within seven days after the Sheriff serves you with a copy of the proceeding. Your response should explain that you declined to pay the increased amount of rent because the landlord failed to give you the requisite 60 days’ notice of the increase. You should consult with an attorney to further understand your rights in the event your landlord seeks to evict you.
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