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pa tenant's landlord raising rent? is this legal?

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Latest post Wed, Oct 31 2007 4:47 PM by Drew. 3 replies.
  • Wed, Oct 31 2007 9:33 AM

    • vetasmom
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    Question [=?] pa tenant's landlord raising rent? is this legal?

    i live in pennsylvania. i do not have a written lease with my landlord. i was paying $535/month for the past year and 11 months. he sent me a letter on oct 20th stating that my rent would go up $65/month starting nov. 1st. i've been doing some research and some states require a 30 day notice if the LL is going to raise the rent more than 10%. does anyone know if this is true in PA?
  • Wed, Oct 31 2007 10:44 AM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    re: pa tenant's landlord raising rent? is this legal?

    Suggestions from a PA LL (retired):

    You are probably right that 30 day notice is required as to a change in rents (I don't recall a 10% provision) and I haven't read the law this week but assume you are right.

    Rather than start a fight you cannot win I might politely suggest to LL and confirm in writing w copies that his notice dated 10/20 was a bit short but that I will comply with the new rent as of 1 Dec.

    And sit tight, next move is with LL



  • Wed, Oct 31 2007 11:56 AM In reply to

    re: pa tenant's landlord raising rent? is this legal?

    If you're a month-to-month tenant, sure, the landlord is free to raise the rent.

    I doubt his notice was proper under state law; most states require a 30-day advance notice. Have no idea what it is in PA, however. I'd contact the local city-county housing authority folks and see if they can point you in the right direction.

    That said, do you *really* want him to terminate your tenancy?? I might be inclined to do that if a tenant gave me guff.

    Don't see anything specifically about advance notice of rent increase here:

    http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf
  • Wed, Oct 31 2007 4:47 PM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    re: UPDATE

    The 30 day issue probably does not come out of notice but enforcement issues.

    PA oral leases can be very quirky and archaic--and as a LL I one got nearly burned by an old oral lease I inherited.

    See PA 250.501 as to three year leases , last sentence where it mandates that oral leases more than one year old are yearly leases.

    Your lease is well more tha 1 year old, nearly 2.

    There is a very big problem as to if late notice very near end of one tem is effextive as to next term--or only at END of next term. EG notice 15 days before 3d yr begins may not take effect until 30 days later--by which time lease has renewed under OLD terms.

    Notice of nonrenewal typically requires 30 days prior notice --but its not absolutely clear that notice or increase does--but absent a lease the LL eats it on ambiguities!

    Lay times out carefully on paper, review it with counsel!



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