Legal Corner > FAQs
Rent FAQ
by Nolo.com
From
the Nolo.com Landlords & Tenants Center
Learn about the laws that cover rent due dates, late
rent and rent increases.
What laws cover rent due dates, late rent and rent increases?
By custom, leases and rental agreements usually require rent to be paid monthly,
in advance. Often rent is due on the first day of the month. However, it is legal
for a landlord to require rent to be paid at different intervals or on a different
day of the month. Unless the lease or rental agreement specifies otherwise, there
is no legally-recognized grace period--in other words, if a tenant hasn't paid
the rent on time, the landlord can usually terminate the tenancy the day after
it is due. Some landlords charge fees for late payment of rent or for bounced
checks; these fees are usually legal if they are reasonable. The laws on late
fees can be found in your state's landlord-tenant
statutes.
For month-to-month rentals, the landlord can raise the rent (subject to any
rent control laws) with proper written notice, typically 30 days. With a fixed-term
lease, the landlord may not raise the rent during the lease, unless the increase
is specifically called for in the lease, or the tenant agrees.
How does rent control, work?
Communities in only five states--California, the District of Columbia, Maryland,
New Jersey and New York--have laws that limit the amount of rent landlords may
charge. Rent control ordinances (also called rent stabilization, maximum rent
regulation or a similar term) limit the circumstances and times rent may be increased.
Many rent control laws require landlords to have a legal or just cause (that is,
a good reason) to evict a tenant--for example, if the tenant doesn't pay rent
or if the landlord wants to move a family member into the rental unit. Landlords
and tenants in New York City, Newark, San Francisco and other cities with rent
control, should be sure to get a current copy of the ordinance and any regulations
interpreting it. Check the phone book for the address and phone number of the
local rent control board or contact the mayor or city manager's office.
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