Can I ask a rental question? - Posted by John

Posted by JohnBoy on March 17, 2001 at 23:46:47:

On a month to month you only need to provide a letter stating the rent will increase to x amount on the following month. You must give a full 30 day notice before being able to charge the increase. Since this is the middle of the month now and assuming your rent is always due on the first, give your 30 day notice BEFORE April 1st so the increase can become effective by May 1st.

If you give notice after the 1st, then they will have until the 1st of the following month before you could enforce the increase. So you may just want to go ahead and send them a notice now that the rent increase will take effect as of May 1st. This gives them about 6 weeks notice.

Can I ask a rental question? - Posted by John

Posted by John on March 17, 2001 at 23:20:52:

One of the houses I rent has a tenant on a month to month tenancy (one year lease expired, then it switched to month to month).

The people renting the place have been there for two and a half years. In a perfect world they would move (always late…always), but it appears they will be around for a while yet.

I want to raise the rent on them, but have never raised the rent on a tenant outside of a lease agreement (generally the original lease will specify rent increases).

My question, can the rent be raised with a simple letter, or should there be a legal form that can be attached to the original lease?


What does your lease say? - Posted by Dave T

Posted by Dave T on March 20, 2001 at 16:44:42:

You state that your tenant was on an annual lease and that the lease converted to a month-to-month tenancy when the original lease term expired. Reading between the lines, your post suggests that you believe your tenants are not under a lease.

I beg to differ. Unless your local landlord-tenant laws state that a lease is void upon expiration, I would suggest to your that the original lease is still in effect. Additionally, all the terms of the original lease regarding rent increases and notice to vacate are still in effect. Check the language of your original lease and follow the timetable already set out.

If you aren’t sure of your ground here, consult an attorney well versed in your local landlord-tenant law.

Re: Can I ask a rental question? - Posted by Earnest

Posted by Earnest on March 19, 2001 at 10:29:04:

Reading the responses so far, note that a 30-day notice is probably legal, subject to any law in your area. But, is a 30-day notice wise?

If you’re raising rent to something that is reasonable for your area, why not let them find that out. I’d give a bit more than 60 days notice with a further demand that they sign the new lease, or rider, and have it in your hand 30 days prior to a target date. If they don’t sign it and return it to you, their definitely out at the target date. Your letter would specifiy that.

Everyone is upset when rents go up. Allow them time, if they want, to search for other places. If your rent increase is fair for your area, and if they like where they live, don’t want the trouble and expense of moving, they’ll sign it and return it to you. You’ll have happier tenants if they’ve taken time to adjust before they sign.

Just my .02

Re: Can I ask a rental question? - Posted by Lazaro

Posted by Lazaro on March 18, 2001 at 11:40:05:

Yes, You have to send them a letter with a 30 day period until it is effective. I would also try to get the tenant to sign another lease for a one year term. My opinion. Hope that helps.

Re: Can I ask a rental question? - Posted by Dave T

Posted by Dave T on March 18, 2001 at 10:12:06:

Check your local landlord-tenant law. The notice requirement may even vary from county to county. In my area of MD, for example, the law requires a 60-day notice.

Re: Can I ask a rental question? - Posted by DanT

Posted by DanT on March 18, 2001 at 07:52:12:

John boy is correct. I usually give my 30 day notice in the middle of the month to give them 45 days or so to get ready. If it is an irritating tenant, I give myself a big enough increase to make it worth the agony. And sometimes they don’t like the increase and leave. Then I raise rent to current market and re-rent. This is not my common strategy as I like to keep tenants long term, however if they are high maintenance, then make it worth your while. DanT