Is it legal to increase rent by 25% after complaining about needed repairs?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to increase rent by 25% after complaining about needed repairs?
My roomate I are both disabled. We have had a broken waste water line under our porch for 3 weeks or more; the toilet won’t flush. Additionally, a few months before that I complained about my porch which subsequently fell down with my child on it (thank God she didn’t get hurt). When I paid the rent I complained about it; I gave my landlord a list of the things that needed repair. A day later I received a letter stating that my rent would increase by $250 a month; making my rent $750 a month. This increase was due to maintenance of the property. I s this legal?
Asked on January 13, 2011 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Do you have a written lease? If you do, then the landlord cannot increase the rent except at the end of the term, when the lease is up for renewal. At that time, the landlord may increase rent for any reason.
If your housing is in some way subsidized or public housing, then the landlord may be bound by regulations and contracts (such as with housing authorities) which limit how much he can increase rent, when, and why.
If non-disabled in your situation with this landlord are not getting increases, you may be suuffering from housing discrimination.
All that said, as a general matter, a landlord may increase rent, as noted, when a lease is up--and if there's no written lease, so that it's a month-to-month tenancy, the landlord may increase rent on 30 days notice.
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 AttorneyPages.com 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.