Can My Landlord Increase My Rent Due to the Pandemic?

During the coronavirus pandemic, many tenants and landlords have questioned if rent increases are permissible. The answer depends on several factors, including the type of lease and the state-specific laws.

Understanding the Legal Grounds for Rent Increases

Legally, landlords can increase rent, but they are not required to do so. If you have a month-to-month lease, your landlord can raise your rent with proper notice, which varies by state, usually ranging from 30 to 60 days. For term leases, your landlord cannot raise the rent during the lease term.

However, if you're unable to pay the increased rent, the landlord has the right to begin the eviction process. Even with the federal eviction moratorium now ended, landlords can evict tenants for non-payment, regardless of the pandemic circumstances.

The Pandemic and Rent Moratoriums

The federal eviction moratorium expired, and the Supreme Court ruled that the CDC lacked the authority to ban evictions widely. Some states still have their moratoria, but they too are ending soon. This means there are no longer any legal protections for those who cannot pay rent.

The moratorium was intended for the most desperate cases, where individuals had absolutely no way to pay rent and nowhere else to go. Violating terms of the lease can still lead to late fees, wage garnishment, and eventual eviction. Thus, the moratorium was not a carte blanche to skip rent payments.

Impact on Landlords and Tenants

Landlords have always retained the right to raise rents, and the ongoing competition for fewer rental properties has led to higher rental costs. Tenants who used the moratorium to exploit the situation may now face increased competition and more aggressive eviction processes.

For landlords, the risk and financial strain of renting during the pandemic have increased, necessitating significant rent increases to remain profitable.

Options for Tenants

As a tenant, you have several options:

Look for a cheaper place: Consider moving to a less expensive area or home, even if it's not as ideal as your current residence. Finding a new job: Use the time since the moratorium to find a new job, even if it pays less than your previous position. Voluntarily moving out: If you can't afford the higher rent, give notice and move to a less expensive living situation. Refusing payment and moving out: If you decline to pay the higher rent, the landlord can initiate eviction proceedings.

It's crucial to act decisively to avoid eviction and the negative impact it can have on your rental history.

Conclusion

The pandemic has not fundamentally changed the legal rights and responsibilities of landlords and tenants regarding rent increases. Understanding these rights and exploring your options can help you navigate the challenges of renting in the current market.