Offer you a new tenancy at a higher rent.Terminate (or end) your existing tenancy at the current rent, and.For all tenants who do not have a lease, a legally valid rent increase notice has to do two things: If you are a tenant at willand do not have a lease or live in public or subsidized housing, your landlord can propose a rent increase any time. To determine whether your lease is self-extending or whether you have an option to renew see Chapter 4: What Kind of Tenancy Do You Have - How Long Is My Lease Valid. Your rent must stay the same for the renewed leaseperiod if your lease says so, or if your landlord continues to accept the current rent. If your lease already says what the new rent will be if you renew, your landlord may not have to give you a separate notice of rent increase. If your landlord does not give you the notice as required in your lease (if there is such requirement), your rent cannot be increased during the renewed lease period. Read your lease to be clear about exactly how and by when you must give notice that you want to renew.Īlso read the lease to determine if your landlord can increase the rent if you renew. If you want to stay, you must give the landlord notice that you are exercising your option to renew your lease. With an option to renew lease, if you do nothing, the lease will end. (Sometimes a landlord gives a notice to quitwith a notice of rent increase so that if a tenant does not accept the rent increase, the leasewill not automatically extend and the tenancy will end). If the landlord sends the notice of rent increase after the leaseautomatically extends, there can be no rent increase until the next time the leaseends. If you have a self-extending lease, and your landlord wants to increase the rent, she must send you a proper notice of rent increase before the date your leaseautomatically extends. You must give the landlord written notice if you want to leave, or the landlord must give you a timely notice to quitif she wants you to leave. With a self-extending lease, if you or your landlord do nothing, the leaseautomatically continues. Make sure you know whether you have a self-extending lease or an option to renew lease. 46 For more see Tax Escalator Clause.Įven if you and your landlord agreed to an increase during the leaseperiod, a judge may not find the agreement valid if you received nothing in exchange for the higher rent. The one time when a landlord can increase your rent during the lease is if your lease has a “tax escalator clause.” This clause allows a rent increase during the lease if the property tax goes up. Your landlord typically cannot increase your rent during the term of your lease. Also depending upon what type of lease you have, a landlord may only be able to seek a rent increase at certain times. For example, your lease may prohibit a rent increase or it may allow a rent increase (but only under certain conditions). If you have a lease, the landlord can seek a rent increase only based on the terms of the lease. To figure out what type of tenancy you have, see Chapter 4: What Kind of Tenancy Do You Have. The type of tenancy you have will determine when a landlord must send a notice of rent increase, and whether this notice is likely to be joined with a notice to quit. To legally raise your rent, your landlord first must give you valid notice of the rent increase demand.
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