Is it legal for a commercial property landlord to bank debit higher rent without any written notificaiton?

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Is it legal for a commercial property landlord to bank debit higher rent without any written notificaiton?

Amount was taken out by bank debit. Our old lease agreement amount was $2000 but it went up to $4539 which includs property tax.

Asked on December 5, 2012 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, if there is a written lease for a specific term (such as a one-year lease), rent may not be increased until the end of the term unless the lease itself provides for increases--and then, it can only be increased as permitted by the lease. If there is an oral lease or a written month-to-month lease, rent can only be increased on a month's notice. A landlord may only take out those amounts authorized by the lease, and so cannot increase the rent or take out extra without notice or during the middle of a lease term.


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