Can a landlord increase rent on a tenant whose month-to-month and not increase it for others with the exact same apartment?

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Can a landlord increase rent on a tenant whose month-to-month and not increase it for others with the exact same apartment?

Asked on January 5, 2012 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In almost all case, you can do this legally. The law does NOT require that landlords treat all  tenants--even all  tenants with functionally identical apartments--the same.

The one exception would be if it could be shown that the reason for the differential treatment was illegal discrimination, such as against people on the basis of their race. For example, charging African American tenants more than caucasion tenants for the same apartment could be found to constitute illegal racial discrimination in housing. However, so long as you avoid discriminating on the basis of a protected characteristic, of which race is the main one, you may treat tenants differently.


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