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If My Rent Goes Up - Does Everything Else?

First - EVERY STATE HAS DIFFERENT LANDLORD TENANT LAWS - make sure to know what is legal in your state - this  post is general information.

On a lighter note - just because your landlord raises your rent - doesn't mean they will raise the quality or make improvements to the unit you live in!

Now the post- if your landlord increases your rent - does that mean they can increase everything else, i.e., security deposits, last month's rent, etc.?

Probably!  Typically, if landlords increase rent - they also increase security deposits and last month's rent (if you paid it) to equal the new rent. BUT it must come with proper notice, be in writing, in accordance with your current lease, and unless a provision in your lease states otherwise, rent and deposit increases take effect and must be collected when a new lease is signed.

In Arizona, a landlord can increase your security deposit at the same time your rent is increased but it has to be in writing - and the amount of security deposit a landlord can collect is one and one-half the rent amount. 

In these circumstances, here is what a landlord typically cannot do:

  • Raise your rent during the current leases term (unless there is a provision in your current lease that allows it)
  • Collect a higher last months at another time other than when the new lease is signed.  In other words, if the landlord didn't ask for additional money upfront to put towards your last month's rent deposit, they can't come back later and ask for it.
  • Deduct rent increases that weren't in writing or collected ahead of time - out of the security deposit when a tenant moves out.

On another side note, in Arizona (and this is different for every state so check your laws), tenants cannot collect, be reimbursed or apply interest earned on security deposits toward last months rent.  Interest earned on these monies legally belongs to the holder of the bank account, aka, the landlord.

Buying or selling Tucson real estate, Mt Lemmon, Tucson bank-owned homes, Tucson rental homes, or Tucson lease option homes? Visit www.KGCPropertiesLLC.com .

                                                 

 

This blog is written with my opinions and my opinions are  presented with accuracy but not guarantees. Please talk to a professional before making any real estate, financial or agency decisions.    Gabrielle Kamahele Rhind - 2014. If you want to reprint parts of this - just email me for my permission: KGCProperties@gmail.com .

 

Comment balloon 5 commentsGabrielle Kamahele Rhind • April 03 2013 06:17AM

Comments

Good information, definitely different from Ct laws. Sometimes it is just easier to write a new lease. 

Posted by David Popoff, Realtor®,SRS, Green ~ Fairfield County, Ct (DMK Real Estate ) over 5 years ago

Gab,

That's why it pays to have a professional property manager to handle your rentals. Novice owners trip up on these kinds of details.

Rich

Posted by Richard Iarossi, Crofton MD Real Estate, Annapolis MD Real Estate (Coldwell Banker Residential Brokerage) over 5 years ago

Gabrielle

Sounds everything go up.

Good luck and success.

Lou Ludwig

Posted by Lou Ludwig, Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC (Ludwig & Associates) over 5 years ago

Gabrielle, I was going to raise the rent on my tenant, but my wife made a good point, he is on his sixth lease and he is never late. Leave it alone. Good advice from my better half.

Posted by Mark Horan, "The Resident Chef" - Resident Team Realty LLC & (Resident Team Realty, LLC & Toni's Property Management LLC) over 5 years ago

We have so many Land lord tenant laws and ordinances. Each City and County in our state requires a little different. I agree with Richard, always hire a pro...

Posted by Paul S. Henderson, REALTOR®,CRS,, Tacoma Washington Agent/Broker & Market Authority! (RE/MAX Northwest.) over 5 years ago

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