If your landlord is planning on raising your rent, they’re legally required to give you written notice first. The rules around how they give you that notice for raising rent depend on where you live and what kind of lease you have.
Here’s a breakdown of what needs to be included in a rent increase notice, how much notice your landlord is legally obligated to give you, and what your rights are as a tenant.
Essential Elements of a Rent Increase Notice
If you’re a landlord, there’s certain information you’ll need to include in your notice to tenants, including:
- Clear identification of the landlord and tenant, along with the property address
- The current rent amount, the new rent amount, and the specific dollar amount of the increase
- The date on which the rent increase will take effect
- Contact information for the landlord or property manager if the tenant has questions or concerns
Rent increase notices should be delivered in writing, and it’s a good idea to send the notice via certified mail so you have proof that the tenant received it.
How much notice is required?
Most jurisdictions have rules about how much advance notice a landlord must give a tenant before raising the rent.
General guidelines
In many places, landlords are expected to provide 30 or 60 days’ written notice before increasing the rent. However, the exact amount of time may be spelled out in your lease agreement.
Location-specific regulations
Some states and municipalities have their own rules about rent increase notices. Here are a few examples:
- Chicago. Chicago’s Fair Notice Ordinance requires landlords to provide 60 days’ notice if a tenant has lived in the unit for six months to three years, and 120 days’ notice if the tenant has lived there for longer than three years.
- Colorado. In Colorado, landlords must provide 60 days’ written notice before raising the rent on tenants with oral agreements.
- Massachusetts. Massachusetts General Laws spell out the notice requirements for rent increases, and the exact amount of time depends on the type of tenancy.
Subsidized housing
If you live in subsidized housing, the notice period may be different from what’s required in standard tenancies. In Colorado, rent increases in subsidized housing are often tied to the Area Median Income (AMI).
Legal considerations and tenant rights
Rent increases have to follow all applicable laws and regulations, so make sure you’re aware of your rights and responsibilities as a tenant.
For example, landlords can’t raise the rent as a way of retaliating if you’ve asserted your legal rights.
If a landlord doesn’t give you proper notice of a rent increase, you may be able to challenge the increase in court.
If you’re not sure of your rights or what to do, it’s best to talk with a lawyer or tenant advocacy group.
In Massachusetts, tax escalator clauses have to include a statement of your obligation to pay a share of tax increases, the exact percentage you’re responsible for, and a plan for reducing your tax obligations.
In Summary
Whether you’re a landlord or a tenant, it’s important to know your rights and responsibilities when it comes to raising the rent.
If you’d like to learn more, you can contact your local housing authorities, a qualified attorney, or a tenant advocacy group in your area.