Can a landlord raise rent with less than a 30 day notice?

UPDATED: Jul 6, 2011

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Can a landlord raise rent with less than a 30 day notice?

I’m on a month-to-month lease and today I got a notice saying my rent is going up as of the first of next month; the letter is dated a month ago today. Also, for the last 2 months I have been trying to get them to fix a mold problem in my kitchen and they as of today still haven’t resolve the issue. What can I do?

Asked on July 6, 2011 under Real Estate Law, Kentucky


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A month-to-month lease requires thirty days written notice of a change of terms such as a rent increase.  You should immediately notify the landlord that you were not given the requisite thirty days notice because the rent increase notice was not delivered to you until today.  The landlord will need to issue another notice giving you thirty days notice of the rent increase from the date you are notified (the date the notice is delivered to you).

As for the mold, in every lease there is an implied warranty of habitability, which means that the landlord must maintain the premises in a habitable condition by complying with local and state housing codes.  Mold presents a health and safety issue and constitutes a breach of the implied warranty of habitability.  When the landlord has been notified and has not responded within a reasonable time by correcting this problem as occurred here, you, the tenant, when there is a breach of the implied warranty of habitability can either make the repairs yourself and deduct the cost from the rent or you can move out and terminate your obligation to pay rent for the balance of the term of your lease or if you decide to stay, you can withhold rent and defend against eviction.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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