Rent Increases
July 29, 2008
Peter Mongillo of the Austin American Statesman recently answered this question from a reader:
Is there a minimum amount of time that a landlord has to notify you that rent will increase with a lease renewal? My lease ends at the end of the month, and I was given less than a month’s notice of the increase. Also, is there a limit on how much the landlord can raise the rent?
Notification of a rent increase depends on terms outlined in the lease, says Stephen Guerra of the Austin Tenants’ Council. For example, if a lease states that a tenant or landlord must give 60 days notice for termination of residency, then that is the minimum amount of time a landlord has to notify you in writing of a rent increase. If there is no written lease, then a landlord must give at least 30 days notice (unless a tenant pays weekly rent, in which case only a week’s notice is required), Guerra says.
At renewal time, there are no limits on how much a landlord can raise the rent, Guerra says. For more information, call the Austin Tenants Council at 474-1961 or visit www.housing-rights.org.
Entry Filed under: Lease Terms. .
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1.
Aaron | November 7, 2008 at 7:05 pm
I live in Plano, TX. I Signed up for Bill pay through Capital One. I placed an automatic Bill pay for rent which was due on the 1st of Nov. I received a call from the leasing manager on Nov. 6th stating they have not received payment. So I check my account and it shows Capitalone has withdrawn the funds on the 29th of Oct. So I call Capitalone and they say they mailed the check to the correct address on the 24th of Oct. but it was returned to Capitalone. So they called the leasing office to tell them that the check will be re-mailed on the 4th of Nov. Needless to say my rent check is in the mail and I keep accumulating late fees equaling $175. Am I liable for these late fees even though the check was mailed by the US Postal service, using the correct address, before the actual due date?
2.
austintenantscouncil | November 10, 2008 at 5:16 pm
If a lease allows rent to be mailed to the landlord and the lease does not state that rent must be received within a grace period, rent is considered paid on the date of the postmark (that is, rent is paid if it is postmarked on the last day it is due).
With Texas Apartment Association and Texas Association of Realtors leases, the postmark is not considered timely payment. The TAA and TAR leases state that rent must be received within the grace period (not after).
In your situation, you’ll need to refer to your lease to read what it says about grace periods and mailing rent payments. If you signed a TAA or TAR lease, unfortunately, you would be responsible for the late fees unless extenuating circumstances created by the bank or the apartment complex caused the
rent payment to be late.
You could try to get the bank to pay the late fees if you can show the bank made an error in sending your rent payment. Or you could try to get the apartment complex to waive the late fees if you can show the complex made an error in returning your check to the bank.
3.
Alicia | June 15, 2009 at 7:53 pm
I am currently paying $755 a month for rent at my apartment complex. I have been living there for 2 years and have signed 2 one year lease terms. My current lease is up at the end of July and but my apartment is currently going for $635. Do I have any rights with regard to decreasing my rent amount to the current market rate (from $755 to $635) if and when I sign a new lease? Or can they charge me whatever they’d like?
4.
austintenantscouncil | June 15, 2009 at 8:05 pm
You certainly have the right to negotiate a better deal with your landlord; however, unless you receive housing assistance, a landlord can charge whatever he wants for the rent.
5.
Esther Morgan | September 18, 2009 at 10:22 pm
I am currently renting an apartment subsidized by Section 8. At the time of my lease, 10 months ago, I requested a copy of my lease from both my Section 8 caseworker and my apartment manager.
I also spoke to my caseworker at the time and asked if the amount of my rent was going to increase and she said that it wasn’t. She now claims that she mailed me a notice of rent increase at that time, ten months ago but I never received it. I also talked with personnel at the apartment leasing office, several times. I asked for a copy of my lease several times and and also asked them to verify the amount of my rent. At one point one of the leasing agents called to inform me that the Housing Authority was behind on my rent for over $500. After talking to my caseworker, once again, she told me to have them fax her the information. I even checked back with the office to make sure it was taken care of. In retrospect I realize I should have dealt with the leasing office in person but I have been dealing with chronic pain and illness during this time.
Now, ten months later I have received a notice on my door informing me that my rent was increased 10 months ago and I am currently in arrears for the amount of that increase.. Besides trying to come with that amount I also have to deal with an unexpected rent increase. My lease is up on Nov. 1st and I had intended on moving but Section 8 won’t approve me moving if I owe back rent. Do I have any recourse since they failed to inform me of the rent increase 10 months after the fact? I
6.
austintenantscouncil | September 21, 2009 at 1:28 pm
Please contact Texas RioGrande Legal Aid ASAP for assistance. The phone numbers are 512-374-2700; 512-374-2777; 888-988-9996; or 800-369-9270.
7.
Winter Rose | September 25, 2009 at 6:31 pm
I am disabled and moved into a 1 bedroom house behind the landlords house. The landlord didn’t have a lease but had something on paper. I moved in sept 1 and the agreement was $600 a month all bills paid. On Sept 21 she put a notice that my rent was going up to $750. Can she do this?
8.
austintenantscouncil | September 25, 2009 at 6:57 pm
When a tenant and landlord have a month-to-month agreement, the landlord can increase the rent by giving 30 days’ written notice of the change. Your landlord cannot charge $750 rent in October because she hasn’t given you proper notice. The rent could go up in November.
In your case, however, you may want to contact our Fair Housing Program to talk with a counselor in more detail about your situation and your rights. Disability is a protected class under the Fair Housing Act.