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If he's only increasing it $25, consider yourself lucky. Is the new rent too much for where you're renting? Do you want to move anyway? Then go look right away for a new place, give notice, and move.
But DO pay the increase for the time you are there! He could haul you into court if you don't, and even though you'd win that you don't have to pay the increased rent for April, but do have to pay starting in May, your name will appear in housing court records, and you'll have a tough time renting anywhere else in the future.
Don't go looking for a fight with the LL. It will only come back and bite you in the you know what.
I love how everyone says “just pay it” even though the legality of the move is in question. Would the landlord make a concession on another issue if the roles were reversed?
I wouldn’t pay it until I’m 100% positive it is legal. I’ve found conflicting info, so it’s worth double checking. You may have to pay at some point, maybe even a week and a half later, but the point remains. Allowing someone to do something like this could open the door to more borderline maneuvers. On top of that, I doubt the landlord would be so understanding if the roles were reversed.
I love how everyone says “just pay it” even though the legality of the move is in question. Would the landlord make a concession on another issue if the roles were reversed?
I wouldn’t pay it until I’m 100% positive it is legal. I’ve found conflicting info, so it’s worth double checking. You may have to pay at some point, maybe even a week and a half later, but the point remains. Allowing someone to do something like this could open the door to more borderline maneuvers. On top of that, I doubt the landlord would be so understanding if the roles were reversed.
It is legal to raise rent. They just didn't give enough notice. So worst case scenario OP is out $25 for the month in question. Most of us think it's not worth upsetting a landlord that can raise your rent by much more if they so choose or even ask you to leave at the end of your next lease.
He's gonna raise it anyway. $25 is not so much unless you can find something better and cheaper and go thru the hassle of moving. Just pay it.
I would ask him for something in writing like a new yearly lease with the new price or a month to month one. Regardless your rent checks or receipts and the note should suffice that it was raised.
Last Monday, (March 12th )our landlord put a notice on everyone's door raising the rent an additional $25 per month, he wants the payment to be made on April 1st.
Is that legal? i always thought that the landlord had to give a 30 day notice if they make any changes to the rent.
Should I pay the current amount on the 1st or pay the new amount? Any advice? i'm located in Ohio.
Have you checked Ohio landlord law to see what notice periods are required? For all I know, you got legal notice.
If you can find something in the law that says 30 day notice, you could send a letter with your rent stating you received 30 day notice on the 12th, so rent goes up on the twelveth. Then prorated the rent, paying the old rate for 12 days and the new rent for the remainder of the month . That will save you about $8.
I think that what the people who are saying just pay it are meaning "is this the hill you want to die on?"
The Ohio landlord tenant statute does not provide for a notice period for an increase in rent.
However, it does provide for notice of termination of a month to month tenancy:
Quote:
Chapter 5321 - LANDLORDS AND TENANTS
Section 5321.17 - Termination of tenancy.
(B) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date.
In Reith v. Skruck (1995) the Wadsworth Municipal Court addressed an issue where a landlord combined a rent increase and termination in a single notice.
The court found that "a notice of termination served upon a tenant or a landlord pursuant to R.C. 5321.17 must be unequivocal."
A notice of rent increase cannot be equated with a notice of termination and therefore does not fall under the 30 day notice requirement.
My opinion for the 2 cents that it's worth is that it was legal to post the notice of rent increase on March 12 for an effective date of April. I would go as far as to say that posting it on March 31 would be equally legal.
I have not found any appellate cases that address the issue.
The reason to pay the increase is because the notice was not prohibited by law, not because you don't want to tick off the landlord.
Point: If 12 days and $25 really amounts to an issue in your life then you have deeper problems
that won't be helped one bit by also having the LL remember you poorly.
I love how everyone says “just pay it” even though the legality of the move is in question. Would the landlord make a concession on another issue if the roles were reversed?
I wouldn’t pay it until I’m 100% positive it is legal. I’ve found conflicting info, so it’s worth double checking. You may have to pay at some point, maybe even a week and a half later, but the point remains. Allowing someone to do something like this could open the door to more borderline maneuvers. On top of that, I doubt the landlord would be so understanding if the roles were reversed.
I would first find out the legal amoun5 f notice timelin3 that needs to be given for rent raises in your state.
Legal or not, do you really wanna fight over $25? If you do the LL can raise it more or give you notice.
You’re right. I’m not arguing that. The LL is doing a jerk move. You have every right to be upset and fight it.
While you may win the battle you’ll lose the war.
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