Rent FAQ
Learn
about the laws that cover rent due dates, late rent and rent increases
From
the Nolo.com Landlord and Tenant Center
What laws
cover rent due dates, late rent and rent increases?
By custom,
leases and rental agreements usually require rent to be paid monthly,
in advance. Often rent is due on the first day of the month. However,
it is legal for a landlord to require rent to be paid at different intervals
or on a different day of the month. Unless the lease or rental agreement
specifies otherwise, there is no legally-recognized grace period -- in
other words, if a tenant hasn't paid the rent on time, the landlord can
usually terminate the tenancy the day after it is due. Some landlords
charge fees for late payment of rent or for bounced checks; these fees
are usually legal if they are reasonable. The laws on late fees can be
found in your state's landlord-tenant statutes.
For month-to-month
rentals, the landlord can raise the rent (subject to any rent control
laws) with proper written notice, typically 30 days. With a fixed-term
lease, the landlord may not raise the rent during the lease, unless the
increase is specifically called for in the lease, or the tenant agrees.
How does
rent control work?
Communities
in only five states -- California, the District of Columbia, Maryland,
New Jersey and New York -- have laws that limit the amount of rent landlords
may charge. Rent control ordinances (also called rent stabilization, maximum
rent regulation or a similar term) limit the circumstances and times rent
may be increased. Many rent control laws require landlords to have a legal
or just cause (that is, a good reason) to evict a tenant -- for example,
if the tenant doesn't pay rent or if the landlord wants to move a family
member into the rental unit. Landlords and tenants in New York City, Newark,
San Francisco and other cities with rent control, should be sure to get
a current copy of the ordinance and any regulations interpreting it. Check
the phone book for the address and phone number of the local rent control
board or contact the mayor or city manager's office.
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