If my rent was doubled, is this legal?

UPDATED: Feb 8, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 8, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my rent was doubled, is this legal?

I have a business in a building I have been operating in for 1 1/2 years. When we started rent was $1,250, plus utilities. After 9-12 months, my landlord raised it to $2,250, plus utilities. Now is that legal? Secondly we found out they are not paying their mortgage on the building and the bank is in the process of foreclosing on it. What happens to my business? Can we be removed in as little as 30 days?

Asked on February 8, 2012 under Real Estate Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) If you have a written lease, the landlord can only increase rent either when the lease itself provides for an increase, or at the end of the lease term.

2) If you have an oral lease, then the landlord may increase rent on 30 days notice.

3) There are no limitations or restrictions, other than any which may be in the lease itself, as to what rent a landlord may charge for a commercial premises, or by what amount the landlord may raise it.

4) If the building is foreclosed upon, you could be evicted quickly (as a practial matter, it usually takes somewhat longer than 30 days); the protections that the federal and many state governments provide for renters in foreclosed properties apply to residential rentals, not commercial.

5) Note, however, that nothing stops you from negotiating with the bank or whomever buys the property in foreclosure--they may be glad of an in-place tenant and the cash flow therefrom.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption