CanIrefuse a rent increase if I have a written lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

CanIrefuse a rent increase if I have a written lease?

I’m 2 years into a 3 years lease. Landlord sent letter stating in 30 days the rent will increase $100. What can they do if I refuse? Are they in the wrong?

Asked on November 29, 2011 under Real Estate Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A lease is a contract. Neither party to the lease may change its terms or conditions during the time the lease is in effect, unless--

1) The other party agrees--so if the landlord says that his/her costs are going up and asks you to pay more, and you agree, that would be legal; or

2) There is something in the lease which provides some basis for the increase, such as provision that the rent will (or may be increased) at certain times, that the landlord may pass certain cost increases (e.g. taxes or insurance) onto the tenant, etc.

But without 1) or 2), the landlord may not increase the rent on you mid-lease. Double-check your lease to see what it says.


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 with SHA-256 Encryption