What to do if my landlord is trying to evict me for not paying an increased rent?

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What to do if my landlord is trying to evict me for not paying an increased rent?

My rent was increased 9 months ago yet I never received any notification or signed anything. What are my rights? Do I have to pay the past 9 months of the increased rent to make up the difference? I did not receive any notification for 9 months, also can a 5 day eviction notice include weekends, holidays?

Asked on October 16, 2012 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, if you had a written lease for a specific or defined period (such as the typical one-year lease), then the rent could not be increased during the term of the lease, except and only to the extent the lease itself allowed such an increase. The rent may be increased after the expiration of the lease and for its renewal, but only on proper notice--that is, an increase cannot be retroactive. Rent only can be increased *after* notice.

If you are on a written month-to-month lease, or an oral/verbal lease, or had a written lease which has expired, you are a month to month tenant and may have your rent increased on a month's notice. Such notice does not necessarily need to be in writing or to be signed by you--such as if you have an oral/verbal lease, for example; it would enough in that case that you were given oral notice.

Again though, the increase can only be from the point of notice forward, never retroactively.

The notice period can include weekends and holidays.


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