Can my landlord raise my rent 4 days before it’s due?

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Can my landlord raise my rent 4 days before it’s due?

My rent started at $625 a month due to my income. After 2 years I received notice my rent was reduced to $315 a month (income had decreased by about $7000 a year due to losing unemployment). After 6 months of $315 rent, I re-certified and was told my income was above the limit and my rent was being raised to original $625 with only 4 days before the rent is due. Landlord says that because I didn’t notify her about making more income (which is a lie, we are making $7000 less a year) she is not required to give 30 day notice. Is this legal? And what can I do?

Asked on June 28, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is entirely possible for your landlord to raise your rent four (4) days before it is due. However, whether such is contractually permissible depends what your written contracts states. As such, you need to carefully read it in that its terms and conditions control the obligations owed to you by the landlord and vice versa.

If your lease is part of governmental housing, I suggest that you have a meeting with your representative with the housing agency. As to notice requirements for starting the rent increase, most leases contain a provision requiring at least a 30 day notice if the lease is on a month-to-month basis. If the lease is for a set term, then the landlord should not be able to contractually raise the rent under the terms of the written lease.

 


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