CanIrefuse a rent increase if I have a written lease?

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CanIrefuse a rent increase if I have a written lease?

I’m 2 years into a 3 years lease. Landlord sent letter stating in 30 days the rent will increase $100. What can they do if I refuse? Are they in the wrong?

Asked on November 29, 2011 under Real Estate Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A lease is a contract. Neither party to the lease may change its terms or conditions during the time the lease is in effect, unless--

1) The other party agrees--so if the landlord says that his/her costs are going up and asks you to pay more, and you agree, that would be legal; or

2) There is something in the lease which provides some basis for the increase, such as provision that the rent will (or may be increased) at certain times, that the landlord may pass certain cost increases (e.g. taxes or insurance) onto the tenant, etc.

But without 1) or 2), the landlord may not increase the rent on you mid-lease. Double-check your lease to see what it says.


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