Q: Can my landlord raise my rent?

A: The short answer is yes, but there are a few conditions that must first be met. If your landlord wants to raise your rent by ten percent or less, he or she must give you a written, 30-day notice of the increase. If the increase is more than ten percent, or if there are multiple increases within a 12-month period that amount to a total increase of more than ten percent, the landlord must give you a 60-day notice of the increase. It is illegal for a landlord to raise your rent to retaliate against you for asserting your rights. Examples of asserting your rights include complaining about the condition of your apartment, filing a lawsuit against your landlord, complaining to code enforcement or some other government agency about the condition of your apartment, or objecting to an illegal rent increase or other decrease in services by the landlord.

Q: What is a three day notice?

A: A landlord gives a three-day notice if you violate the terms of your rental agreement. The notice will demand that you either correct the violation within three days or move out. The most common type of three day notice is a three day notice to pay rent or quit, where the landlord demands that you pay the amount of rent that you owe or vacate the apartment within three days. Another type of three day notice is a three day notice to perform covenant or quit. Your rental agreement (whether written or oral) has certain terms in it that you must follow. Common examples of covenants in a lease are restrictions prohibiting pets or limiting the number of residents.  In rare cases, the three-day notice does not give you a chance to correct a violation.  These include homeowners who do not leave the home after a foreclosure sale, or renters who have severely damaged the rental unit or engaged in criminal activity there.

Q: What do I do if I receive a three day notice?

A: If you receive a three day notice you should do what the notice demands unless you have a valid legal reason for not complying. If you forgot to pay your rent and you receive a 3-day notice, you should pay your rent and a late fee if it is required. If you have a three day notice to perform covenant or quit you should comply with the terms of your lease and make sure that your landlord knows. For example, if your lease says that you cannot have pets on the premises, and you are keeping a dog, and you then receive a three day notice to perform covenant or quit for having the dog, you should get rid of your dog.

Q: What is a valid reason for not complying with a 3-day notice?

A: If you have told your landlord about problems in your apartment and he has not made the necessary repairs, you may be entitled to withhold your rent. If you feel that it is necessary to withhold the rent, you should ALWAYS save the rent money in case the court orders you to pay some or all of your rent. It is very difficult to prove that you told your landlord about the problems in the apartment that require repairs, so it is best that you write a letter with a list of problems that need repairs, make a copy, and give the original to your landlord. If your landlord refuses to make the repairs and you then withhold your rent, and your landlord tries to evict you for nonpayment, you will be able to prove with the copy of the letter that you kept that you lawfully withheld your rent. If you have verbally complained about the condition of the premises but have not written a letter, it is best that you pay the rent demanded in the three day notice and include with the payment a written request for repairs. If the repairs are not made by the time you have to pay your rent again, you will be able to withhold rent and you’ll have the evidence necessary to avoid eviction.

Q: What should I say in a demand letter to the landlord?

A: If you write a letter to your landlord demanding repairs, be polite. Obnoxious letters usually make the situation worse. Be firm but professional. Address your landlord as “Mr.____” or “Ms. _____” (fill in landlord’s name) and sign it “Sincerely,____________”. Your letter should refer to previous requests for repairs (i.e., “As you know the repairs to my kitchen sink that I requested last month have not yet been made”), and include a list of everything that still needs attention.

Q: My landlord said that if I don’t move out he’ll get the sheriff to evict me in three days. Can he do that?

A: No. Your landlord must take you through the proper legal process before he can have the sheriff evict you.

Q: What is the proper legal process?

A: The landlord must first give you a notice telling you that your tenancy is to be terminated. This notice could be a 3-day notice, a 30-day notice, a 60-day notice, or a 90-day notice.  The length of time allowed by the notice depends on the reason for the notice, the length of time you have lived a the rental unit, and other factors. If you do nothing regarding the notice and the time set in the notice expires, your landlord can then file papers with the court. These papers are called a complaint for unlawful detainer. You must then be served with a copy of the Summons and Complaint for Unlawful Detainer.

Q: What does it mean to be “served”?

A: To be “served” is to be given copies of the papers the landlord filed against you. The law requires that proper service of process be accomplished so that you have an opportunity to know what the landlord has told the court about you and so that you have an opportunity to give the court your side of the story.