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Rent increase notice

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curiousrenter12

Junior Member
What is the name of your state (only U.S. law)? Maine

Hello everyone,
Upon completion of a year lease, I have been renting a house on a month to month basis for over a year. A few days before the new year, my landlord gave me an envelope saying that inside was a new lease, and he wanted me to renew it by feburary 1st. I took the envelope, thinking I would most likely do it, and a couple of days later, I took the papers out to read through the terms of the new lease, and notice that the landlord had decided to raise the rent by $100 a month. I then decided I didn't want to stay in my current home, not being able to afford such an increase. I became proactive and found a new place to live. Within a week my new landlord called my current one to verify my references. My current landlord called me then to ask about my intentions. I told him that I wanted to leave because of the rent increase, and that within a week I'd know for sure. So yesterday I "officially" told him that I'll be leaving my current home by the end of the month. He said that by law I was supposed to give him a 30 days notice and therefore, even if I moved out by the 31st, I still need to pay the first two weeks of February if he doesn't find a new tenant before that. I understand where he comes from, however it seems like the law says that a landlord needs to give a 45 days notice before raising the rent. In that case, I would have been able to give my landlord a 30 days notice. But since he only gave me 30 days, I just couldn't give my answer on the very same day he gave me the new lease papers.
Any thoughts about this situation?
 


justalayman

Senior Member
don't confuse any requirement of the LL to give you a 45 day notice with your requirement to provide a 30 day notice to terminate your tenancy. You had actions available to you concerning the rent increase and failed to exercise them. That does not give you the right to leave with less than the required notice.

btw: your 30 day notice must be in writing to be enforceable. Was it in writing? If not, you had better get one in writing to him ASAP. The 30 days starts with the delivery of the notice.
 
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curiousrenter12

Junior Member
Thank you for your quick response.
Do you mean to say that it's okay if he gives me less time to think it over than he should (30 days instead of 45), but it's not okay for me to give him less time to find new tenants (15 days instead of 30)?
 

curiousrenter12

Junior Member
btw: your 30 day notice must be in writing to be enforceable. Was it in writing? If not, you had better get one in writing to him ASAP. The 30 days starts with the delivery of the notice.
I did, and he handed it back to me because on the letter I wrote that I was leaving on the 31st of January. He wants me to write that I'll be gone by the 15th of February. However, the premises will indeed be vacant by the 31st of January.
 

justalayman

Senior Member
Do you mean to say that it's okay if he gives me less time to think it over than he should (30 days instead of 45), but it's not okay for me to give him less time to find new tenants (15 days instead of 30)?
it is wrong for either of you to not provide the amount of time either type of notice requires. That does not mean it makes the other failing to provide proper notice ok.


He was required to give 45 days notice. Since he didn't, you were not legally obligated to pay the increased rent until after 45 days expired. If he attempted to collect the rent, you simply refuse to pay it. If he takes adverse action, you have a valid defense.

You are required to provide 30 days written notice. If you fail to provide 30 days notice, you are still liable for the 30 days or rent.


Two wrongs don't make a right.

(I have waited all of my life to use that line)
 

curiousrenter12

Junior Member
Gotcha! Thank you very much. Put this way, it makes more sense.


(Although I didn't wait on purpose to give him less time. I just wasn't provided with enough time myself. But I understand what you mean.)
 

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