Your landlord must send you a written notice telling you that she wants to increase the rent. If you are a tenant at will, you must receive this notice at least 30 days (or one full rental period if it is longer than 30 days) in advance.13Thus, if you pay rent on the first of the month and your landlord wants a rent increase to be effective as of September 1, she must send you notice of a rent increase prior to August 1. If she sends you a rent increase notice on August 1 or any time after August 1, you do not have to pay the rent increase (if you choose to pay it at all) until October 1.
Sometimes a landlord will send a notice to quit along with, or as part of, the rent increase notice. A notice to quit is the first document that the law requires a landlord to send you if she wants to start the eviction process. The notice or notices may say that your landlord is terminating(ending)your tenancy at the old rent and offering you a new tenancy at a higher rent. Landlords often send both notices together so that they can begin an eviction case in court if the tenant refuses the increase.
A notice that only requests a rent increase does not terminate your tenancy.14
If you get a notice to quit with your rent increase notice, you do not have to leave by the date on the notice, even if you choose not to pay the rent increase. For more information on refusing to pay a rent increase, see the next section of this chapter. You should also be sure to read Chapter 13: Evictions, if you receive a notice to quit.
Produced by Esme Caramello Created July 2008
