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Lease i signed states 60 days notice required to move out. But i was informed of rent increase only 15 days before my lease ends
Anonymous3 views3 answers
This question largely depends on whether or not your lease is month-to-month or a longer lease. If you are a tenant at will (meaning month-to-month) then Massachusetts law is pretty clear that you are only required to give 30 days or one full rental period's notice, whichever is longer, notice. Notice must be in writing and it is counted from the date it is received. This means that if you rent month to month any notice received prior to the day rent is due it will be effective at the end of the next rental period.
For example, if you rent is due on the 1st, and your written notice was received September 30, 2015, your tenancy would terminate at the end of the next full rental period, ending on October 31, 2015. However, if your rent is due the 1st and you gave notice October 1, 2015, you are already inside the rental period for October so your tenancy would terminate at the end of the next FULL rental period in November on November 30, 2015.
A landlord cannot include any clauses in a lease that conflict with Massachusetts law. These clauses are illegal and are automatically unenforceable. In addition, the Massachusetts Attorney General's regulations governing Chapter 93A unfair and deceptive practices generally make such clauses de factor violations of consumer protection law as well.
In order to raise your rent, your landlord must send you written notice. The proper way to do this for a tenancy at will is to send you a notice to quit terminating your tenancy at the end of thirty days along with an offer to start a new tenancy at the increased rent rate. The landlord must give you the same amount of time for a rent increase as you have for notice to leave. At least 30 days, but no less than a full rental period. You landlord cannot actually unilaterally raise your rent. You must accept a rent increase, and failure to do so is considered termination of your tenancy.
In terms of how much you landlord is allowed to raise the rent, a private landlord who is not subject to rent control, section 8 regulations, or any other law, can generally set their rate at whatever they want. There is no law prohibiting rent increases, with the exception of retaliatory increases after being reported for housing violations, forming a tenant association, or losing an eviction court case.
If you are on a longer lease, the rent cannot be raised at any point during the lease. You landlord must notify you of any rent increase prior to the date of any automatic renewal of the lease, or no later than three months prior to the expiration of the lease that they do not intend to renew it and are offering you a new lease with a different rent term. Again, you must accept the rent increase, and failure to do so means the tenancy terminates.
You should immediately contact a lawyer to discuss possible options for how to deal with your landlord, protect any last month's rent or security deposit they owe you, and what your options are in terms of staying, or when you would have to move and how much you would owe. Most landlord-tenant lawyers will do a free consultation.
This question largely depends on whether or not your lease is month-to-month or a longer lease. If you are a tenant at will (meaning month-to-month) then Massachusetts law is pretty clear that you are only required to give 30 days or one full rental period's notice, whichever is longer, notice. Notice must be in writing and it is counted from the date it is received. This means that if you rent month to month any notice received prior to the day rent is due it will be effective at the end of the next rental period.
For example, if you rent is due on the 1st, and your written notice was received September 30, 2015, your tenancy would terminate at the end of the next full rental period, ending on October 31, 2015. However, if your rent is due the 1st and you gave notice October 1, 2015, you are already inside the rental period for October so your tenancy would terminate at the end of the next FULL rental period in November on November 30, 2015.
A landlord cannot include any clauses in a lease that conflict with Massachusetts law. These clauses are illegal and are automatically unenforceable. In addition, the Massachusetts Attorney General's regulations governing Chapter 93A unfair and deceptive practices generally make such clauses de factor violations of consumer protection law as well.
In order to raise your rent, your landlord must send you written notice. The proper way to do this for a tenancy at will is to send you a notice to quit terminating your tenancy at the end of thirty days along with an offer to start a new tenancy at the increased rent rate. The landlord must give you the same amount of time for a rent increase as you have for notice to leave. At least 30 days, but no less than a full rental period. You landlord cannot actually unilaterally raise your rent. You must accept a rent increase, and failure to do so is considered termination of your tenancy.
In terms of how much you landlord is allowed to raise the rent, a private landlord who is not subject to rent control, section 8 regulations, or any other law, can generally set their rate at whatever they want. There is no law prohibiting rent increases, with the exception of retaliatory increases after being reported for housing violations, forming a tenant association, or losing an eviction court case.
If you are on a longer lease, the rent cannot be raised at any point during the lease. You landlord must notify you of any rent increase prior to the date of any automatic renewal of the lease, or no later than three months prior to the expiration of the lease that they do not intend to renew it and are offering you a new lease with a different rent term. Again, you must accept the rent increase, and failure to do so means the tenancy terminates.
You should immediately contact a lawyer to discuss possible options for how to deal with your landlord, protect any last month's rent or security deposit they owe you, and what your options are in terms of staying, or when you would have to move and how much you would owe. Most landlord-tenant lawyers will do a free consultation.
Seena Andrew PidaniLandlord / Tenant LawyerBoston, MAMA licensed ·
Dear Tenant:
You need to schedule a private consultation with a landlord-tenant attorney as soon as possible. Large management companies (which I presume you are dealing with based on the fact that you pay rent via an online portal) are usually pretty unreasonable when it comes to resolving these types of issues. The sooner you consult an attorney, the better prepared you will be to handle your landlord's next move. Their next move will either be a summary process action (if you're still living there) or sending the matter to a collection agency (if you have already moved out).
It is important to consult a landlord-tenant attorney because he/she will know what to look for in order to determine whether you might have any causes of action against your landlord. This determination is essential to strengthening your bargaining power prior to having further communications with the landlord or its attorneys. You can find a lawyer using 's "Find a Lawyer" tool, or by searching through the responses to your answer.
Respectfully,
Seena
This is a very specific question that depends on what your lease says. I wouldn't be able to evaluate your situation properly and give you good advice without reading the lease. You may want to show it to a lawyer.