If my girlfriend has been renting a house for over 2 years with no formal lease, can her landlord raise the rent by 38% because I have now moved in?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my girlfriend has been renting a house for over 2 years with no formal lease, can her landlord raise the rent by 38% because I have now moved in?

The current rent is $650, new rent is proposed at $900. Reasons given are recent necessary home repairs and my occupancy. We store quite a bit of this persons furniture and personal belongings not only in the attic and basement but also in the kitchen and living room. She also sends this person his mail by an overnight delivery service every month because he does not want to formally change his address, even though he lives and works in another state. We also maintain the lawn and put up with bugs and faulty electricity.

Asked on May 8, 2012 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Without a written lease, your girlfriend is a month-to-month tenant on an oral lease. That means that the landlord has the right to terminate the tenancy, or change the terms of it (such as raising the rent) on 30 days notice (just like your girlfriend has the right to move out on 30 days notice). If the home is not subject to some rent control regulation and is not subsidized (e.g. by Section 8 grants), there is no restriction on what the landlord may ask for rent--it is a free market. So your landlord can seek to increase rent by 38% for any reason (including you moving it), and if you and your girlfried do not want to pay that much, your recourse is to seek other housing.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption