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How Much Notice Must a Landlord Give of a Significant Rent Increase

Discussion in 'Other Residential Landlord & Tenant Issues' started by ScottUtah, Apr 25, 2018.

  1. ScottUtah

    ScottUtah Law Topic Starter New Member

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    Jurisdiction:
    Utah
    Please help with any advice and Utah code numbers and where to find them. I have looked and have not been able to find answers to these questions. I tried and we do not qualify for free legal assistance and time is short and money is nonexistent.

    1) Rent is due 1st of the month. Can landlord raise rent for the middle of following month?

    Situation. Given 30 day notice of rent increase on April 23 to take affect May 24. The last 9 days of the month being at the higher rate with payment demanded May 1. Rent has been tripled. Can the increase be done mid-month or does it need to be on the next rent due date?


    2) Can Landlord come in alone?


    3) Can Relator come in alone?


    4) The landlord wants to come in to do enhancements to the property in preparation to sell. These are not necessary repairs or required maintenance or emergency services witch I understand the landlord can do with proper notice.


    Situation. Does the landlord have the right to come in for enhancements to the property in preparation to sell?


    5) Any way to stop the harassment?


    Please provide Utah legal code so I can know my rights and obligations.

    Thank you for your help.



    I understand that the following does not matter legally but this is my story.

    Our landlord (LL to not use his name) offered to rent his home to my aunt, her two young boys, my wife and myself. The lease was supposed to be for a year. LL was aware of us needing to pay $2000 dollars to break the lease we were in at the time in order to move into his rental property. He offered to give us the first month rent free but later reneged claiming there was a misunderstanding. Rent was paid without argument. Upon moving in January first we were presented with a 3 month lease that would turn into month to month after that. Upon questioning why the lease was written this way LL told us it was for our benefit in case we did not like living in his house. During the month of January only half of the house was usable do to work LL was doing on the lower half of the house. Full rent was paid without argument. In mid-February only a few weeks after we moved into our half of the house LL informed us that he would be selling his house and we should have known that it was only for 3 months. We always spoke of it being long term and were never corrected by LL. We have never been able to unpack because we have been left in a constant state of uncertainty. LL offered to work with my aunt for her to purchase the house but immediately backed out when a relator told him he may be able to get him more money. LL has informed us that Realtors would show up that never did and said he would need full access for a day and then did not show up. During these times I left my home to avoid any confrontation with LL. On the following day Sunday April 23rd LL came over without notice and was informed I would like 24-hour notice in the future. The next day on April 24th LL gave us notice that our lease agreement would end as of May 31st. In the same email dated April 24th LL informed us that the rent would go from just over $900 to $3,000 as of May 24th and we would need to pay the full prorated rent as of May 1st or be out immediately. I believe this was done in retaliation. As of now my poor aunt works with LL and feels she must do as he says to protect her job.

    It seems this was done to pay LLs mortgage while he worked on the house. Just my opinion.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    You have discussions on two other websites that I've come across so far. Posting on multiple sites isn't going to change or improve your situation. Utah laws that I posted for you on another site seem to be pro-landlord.
     
  3. ScottUtah

    ScottUtah Law Topic Starter New Member

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    I did not know what sites are very active. That is why I posted on more than one website. Thanks for your post on the other site.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Simply as a practical matter, a mid-month rate increase doesn't make a lot of sense. Did the landlord explain how the pro-rated increase will work?

    Come in what?

    I assume you meant "realtor." A "relator" is something completely different.

    Are you asking about a landlord's (or landlord's agent) right to enter the leased premises?

    The landlord's right to enter includes making needed repairs or improvements.

    What harassment?
     
  5. ScottUtah

    ScottUtah Law Topic Starter New Member

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    Zddoodah thanks I needed to laugh today.

    I understand now that with 24 notice he has the right to come in.

    This is the lease he used. https://www.utahevictionlaw.com/img/user_files/4515.pdf

    6.3 It says reasonable hours. What is the legal definition of reasonable hours? I am old and broken down 7 pm is often bedtime, at 25 it was 3-4 in the morning.

    Do reasonable hours apply to Real Estate Agents as well? I know they need to work later.


    As for the rent increase on page 2 section 3.2 it does say he can increase the rent with a 30 day notice.

    But in section 3.1 it says the lease may only be terminated on the last day of the month. If I leave early I need to pay the full month.

    If he can legally say in the middle of next month it’s a thousand a day. How can I dispute it? Now if he says at the beginning of the next billing cycle the rent goes up I can say that I choose to end our lease.


    One of the harassments is he raised our rent 3 fold the day I asked for 24 hour notice.
     
  6. mightymoose

    mightymoose Moderator

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    1. I haven't looked up the law in your state, but usually a rent increase requires about 60 days notice. Surely 30 at minimum. If you feel the landlord did not give adequate notice as required then that might buy you some time if this goes to court, but that time will eventually run out.

    2, 3, and 4. Yes, under certain circumstances and usually with notice, the landlord or his agents may enter to inspect or repair, including what you describe.

    5. You don't explain any harassment. It sounds like you need to move. The landlord clearly wants you out and you will lose the battle in the long run.
     
  7. ScottUtah

    ScottUtah Law Topic Starter New Member

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    The law is definitely on his side when it comes to us having to move out. We will of course be moving out as of May 31st.

    My concern is that since he didn't give us notice of rent increase until April 24th. This leaves no time according to the lease for us to decline new rent rates and vacate. The lease requires us to give 30 day notice and it also requires that if we stay a partial month we must pay the full month. He claims that he can raise the rent mid-month and I would be required to pay that since there is no way to legally break the lease.

    This is definitely landlord retaliation. He's doing this because I asked for 24 hour notice before he just shows up.
     
  8. mightymoose

    mightymoose Moderator

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    Personally I would not pay a rent increase if it happened as you describe. I would pay the normal rent and be on my way.
    I bet the landlord doesn't expect you to pay... Just wants you out. He wouldn't likely get far if he tried to pursue you over that increase.
     
  9. army judge

    army judge Super Moderator

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    It isn't retaliation.

    It is a case of using a renter and her cash to fund property improvements in preparation for selling the property.

    There were many clues you missed.

    Rather than waste your time and money fighting a slumlord or desperate, greedy slumlord; you're better off investing your time, efforts, and money in looking for a better cave.

    It might also be time to separate the large family unit into smaller units.

    But hey, that's your call.

    Secure better accommodations with at least a one year lease, unless of course, you enjoy being gouged, pimped to fund a cheapskate's needs, and moving is a fun escape.

    Things won't get better for you because the greedy cheapskate is only exploiting and tolerating you until he can unload the property.
     
  10. zddoodah

    zddoodah Well-Known Member

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    There is no "legal definition." Under the circumstances (and assuming those circumstances are known to your landlord), a court would probably interpret "reasonable" to mean prior to 7pm (and probably no earlier than 9am).

    Yes.

    How? You're free to put something in writing saying that your interpretation of the law is that a rent increase may not take effect until the first due date that is at least 30 days after the date of the notice.

    That's not harassment and obviously a one-time thing that doesn't need to be "stopped."

    I agree that the writing is on the wall and that you're probably best off looking for a new place.
     
  11. txls

    txls Well-Known Member

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    For your clarification an increase of 3 times the prior rent is not the same as 3 fold. If I were you I would not pay the increased rent and I would move ASAP. If he tries to make a claim against you in small claims court, let him try to explain and justify the huge jump in rent. It's highly unlikely that it will get that far. Regardless of what he told you or what you expected, you signed a 3 month lease.
     

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