Question

If you are an apartment tenant on a month to month tenancy, how much notice is required if they raise rent?

I moved into an apartment Aug 2005 and signed a one year lease. In Aug 2006 my lease was up and I was never asked to sign another one. I guess that means I've been a month to month tenant since then. This month I had to pay my rent a few days late due to my paydays and received a three day notice, which I expected. When I opened it, it stated that the rental amount which had previously been 900.00, was now 999.00. I received nothing from them prior to this. Is it legal to raise your rent without any advance notice in writing?

7 years ago - 10 answers

Best Answer

Chosen by Asker

Your lease probably has what is called a "holdover clause". It means that after the initial term of the lease has expired the lease becomes a month to month rental agreement. Once you are in a month to month agreement the landlord can raise your rent or terminate tenancy with a 30 day notice.
It is also possible that the extra amount could be late fees. The three day notice should not include any fees. Most courts do not allow fees to be included and that could void the 3 day notice.

7 years ago

Other Answers

I believe if you are month to month -

you are at their mercy - time to sign a new lease

and read the fine print

sorry

by tom4bucs - 7 years ago

They can change the cost of rent when you re-sign a year contract. There is nothing promised past the 12 month lease that you signed before. After the 12 months is up, it's a free-for all for them.

by E - 7 years ago

they have to give 30day notice but w/a new lease agreement,if you signed then its legal are sure its not late charges in there as well.they can do that it will be in the old lease.

by thumper rabbit - 7 years ago

if you are month to month, you are at the mercy of "market rates".

by Michael W - 7 years ago

you violated the month to month lease by being late. The notice is an offer of a new agreement. It should be given in time for you to give notice that you do not accept and are moving out. that is the thing about monh-to-month agreements, BOTH parties are free to terminate upon notice to the other. The notice you got is notice that they are terminating the old agreement, and an offer of a new one, that you are free to accept or reject.

by laughter_every_day - 7 years ago

First thing to check is what is the late fee or late fees? Some complexes like mine charge just a flat rate for being late. Others charge a flat rate as well as a daily fee. A landlord must give you a 30 day notice in writing that they are planning on raising your rent. Go into the rental office and ask about signing a new lease see what the rate will be and what they are willing to offer you. And yes you are considered a Month-To-Month lease at this time.

Source(s)

by Stacie C - 7 years ago

This all depends where you live and whether there is rent control. Landlord's are usually required to provide notice of some type before changing rents. Check your original lease and see if a clause was added for late payment and/or the terms after the lease expired.

by Tadow - 7 years ago

In California they must give a 30day notice when asking for a increase in rent. They also should have given you a notice sayin that the lease was up, and you were going to be month to month from now on. You should ask to sign a new lease so you are guarenteed they cannot raise the rent for the duration of the lease period.

by Mike - 7 years ago

sounds like they added in late fees/returned check charges, but they are not supposed to do that on a 3 day notice. They filled out the paperwork wrong, so it isn't legally binding on the 3 days, but you still owe the money.

by sunshine_today - 7 years ago