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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Nolo.com
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