What kind of notice must a tenant be given regarding a rent increase?

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What kind of notice must a tenant be given regarding a rent increase?

I rent an apartment in MO my rent went up from $430 to $455, 10 months ago. I never got any notice whatsoever that it went up. Do I have to pay the difference?

Asked on May 21, 2011 under Real Estate Law, Missouri

Answers:

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

Answered 10 years ago | Contributor

You would have to be given notice of a rent increase or change in other terms in the lease.  How much notice is required depends on the type of tenancy you have.  For example, if you have a month-to-month lease, you would have to be given 30 days written notice before the rent increase takes effect.  The failure to give the requisite notice would be your basis for challenging  the rent increase.  Another issue to raise would be why did the landlord wait ten months before claiming that you owe the difference in rent?  Why didn't the landlord mitigate (minimize) damages and raise this issue the first month?  Failure to mitigate damages means the landlord's damages are reduced accordingly.

Again, the rent increase is not effective until you receive the requisite notice.


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