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Can a slum lord landlord raise my rent 25%?
Anonymous9 views3 answers
I rent a apartment in Bergen County,NJ, a 2 family house for almost 5 years. I have had problems with the land lord not keeping up in repairs on major plumbing/ Floods and have had to take land lord to court 2 times and I won both times. I have a open end lease with no ending date I signed about 5 years ago. I was recently handed a written letter from the landlord manager my rent will increase in one month. I pay $1600 per month now and the increase will be $400 more per month, 25% more. Is this legal??? I recently asked for the broken windows from Hurricane sandy to be fixed. I was told long time ago the windows would be repaired, was not done. Landlord I was told by his manager he is a slum lord, he owns 90 properties. I cant afford to move since I am on disability until next spring if
Layni S RothbortReal Estate AttorneyMillburn, NJ ·
Increases in rent must be "reasonable" in order to be enforceable. The term "reasonable" is not defined, but is generally considered to be under 10%. So, a 25% increase most likely would not be allowed by a judge. Also, you do not mention the actual city or town In which this rental property is located, but some have rent control ordinances that may apply or at show what is considered "reasonable" there.
I strongly disagree with the prior answers. In the event that a rent increase is contested, the landlord shall have the burden of proving that the rent increase being sought is "Not Unconscionable." In the matter of Fromet Properties v. Beuhl, the Court looked at 5 factors in determining whether the rent increase was to be considered unconscionable. The big factor that Courts usually look at is "Fair Market Rent." Fair Market rent is easy to establish in an apartment building where there are several identical units. It is much harder to establish in a stand-alone house that is unique. In some cases, we have needed to retain appraisers to testify as to fair market rent. And in at least two of my rent increase cases, I successfully demonstrated that the rent needed to be doubled. Contrary to the prior opinions of my colleagues, the rent increase is not limited to a fixed percentage of the prior rent, unless the town has rent control. If there is rent control, and an excessive rent increase is requested, that is to be deemed "Consumer Fraud." Having said all of this, I agree with the tenant that if there are severe habitability issues, the landlord's chances of winning a rent increase case are going to be greatly diminished.
