Can my landlord raise my rent in the middle of a lease and back charge me?

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Can my landlord raise my rent in the middle of a lease and back charge me?

Recently the company that owns my apartment building went into bankruptcy and was therefore bought by another company. Since then I have not received a new lease, and they raised my rent without notice and demanded that I pay an additional amount for the month prior to the notification of the increase. Is this legal, and can my lease be considered void if I do not have their current information on it?

Asked on March 4, 2011 under Real Estate Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

First of all, re-read your lease carefully.  Is there a provision allowing for this? If so, then the terms of your lease will prevail.  If there is no such specific rights granted the landlord in your lease,then  your rent cannot be retroactively increased, or increased at all.  A lease is a contract. It terms cannot just be arbitrarily changed mid-term.  At this point you should speak to a tenant rights group or attorney that specialized in landlord-tenant matters.  Go over the details of your case. They can then best advise you as to your legal remedy.


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