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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