Rent Increases
I am interested in your opinon on how to inform a tennant of a rent increase. I have been told that a Notice to Quit is the proper form but I have also been told that you only use such a form if the tennant is in breach on the lease/rental agreement. Can you tell me the best way to inform the tennant. I am a relatively new landlord. Thanks!!
Re: Rent Increases
Theoretically you could use a “Notice to Quit” that informed the tenant that they would have to leave UNLESS they started paying the higher rent rate, but I consider that unnecessary and heavy-handed. I would recommend that you simply tell the tenant in person or by phone, more than 30 days in advance of the effective date of the new rent amount, then follow up with a letter, also at least 30 days in advance, confirming what you told them. A certified letter is not essential, but it would prove that you gave advance notice in a timely fashion if the tenant doesn’t pay and then denies ever getting notice.
Roger Turgeon
Turgeon & Associates
14 Washington St.
Haverhill, MA 01832
Re: Rent Increases
Since the amount of rent is one of the terms of the tenancy, technically you should send a “Notice to Quit” to arrive not less than 30 days before the next rent day or within the time required by any lease for the termination of the lease, advising that a new tenancy can be obtained only by paying the increased rental amount.
However, a “softer” approach might be to notify the tenant orally in advance followed up by a letter to be received by the required advance notice date of the rent increase, using certified mail. If the tenant doesn’t pay the increase then you may elect to send the notice to quit accompanied by the offer of a new tenancy at the higher rate. Good Luck and beware of the security deposit Law requirements that can cost an unwary landlord who doesn’t strictly comply with them, double or treble damages and attorney’s fees.
Joseph Murray
Joseph M. Murray, Esq.
56 North Bedford Street
East Bridgewater, MA 02333-1173