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-   -   How Can I legally increase my tenants rent? (https://www.askmehelpdesk.com/showthread.php?t=222677)

  • Jun 3, 2008, 06:08 AM
    inqmind
    How Can I legally increase my tenants rent?
    How can I legally increase my tenants rent? Our tenant has paid on time so far, but we need to take back possision of our home. What type of letter do I have to have drawn up?
  • Jun 3, 2008, 06:17 AM
    NowWhat
    Is your tenant on a lease or is it just month to month?
    I believe that if it is just month to month, you would just send them a 30 day notice to vacate the property.
    The same would go if you are raising the rent.

    Now, if they are under lease and are not violating it, you would have to wait until the end of that lease and then give the 30 day notice.
  • Jun 3, 2008, 06:36 AM
    excon
    Hello ing:

    You have to make up your mind as to what you want - more money - or your home back. They're not the same thing.

    If you want to raise the rent in the hopes that they'll move, you may be surprised. You may get more money, but you won't get your home back.

    Why don't you just be honest and straightforward and ask for what you REALLY want?? Can you do that?

    excon
  • Jun 3, 2008, 07:33 AM
    ScottGem
    You can legally increase the rent when the lease expires. But as excon said, if you want the house back just don't renew the lease. The key question is whether there is a lease in effect, for how long and when it expires.
  • Jun 3, 2008, 09:10 AM
    inqmind
    We have a lease until April 09. What we want is the tenant out now! It was suggested to up the rent to see if they would move out sooner. I just wanted to know if I could do that legally.
  • Jun 3, 2008, 09:21 AM
    excon
    Hello inq:

    Just as I suspected. You want to up the rent... But, what you really want is the house.

    I've had landlords like you - those who haven't got a clue about contracts and what they mean. They'll sign ANYTHING just to get their hands on your money. But will they DO anything they obligated themselves to?? No, of course not. They don't even KNOW what they've obligated themselves too. They only wanted the MONEY.

    Well, you know what? You DID obligate yourself, and I hope your tenant makes you tow the line. If they were asking questions here, I'd sure tell 'em, to tell you to pound sand!

    You can't unilaterally change an agreement. Do you understand what an agreement is? What?? Oh, I get it. You thought THEY were the ones who were obligated, and YOU could make any changes any time you wanted to... Have you even read your lease?

    If you want them out, offer them cash. Mistakes in business cost money - YOUR MONEY.

    excon
  • Jun 3, 2008, 10:12 AM
    Fr_Chuck
    If you have a lease with the tennants on the home, you can not just raise the rent until the lease is up. A lease is signed to protect you from them leaving, and protect them from you kicking them out or raising their rent.

    You can try to buy out their lease, if you offer to pay for their moving expense and to pay them several months rent, most likely they may agree to move.

    But with a lease in place, you can not raise the rent, that is illegal and they can merely refuse, since they have a written lease. In fact if you try to do anything to make them move they can sue you for all sorts of damages.
  • Jun 3, 2008, 10:14 AM
    ScottGem
    Quote:

    Originally Posted by inqmind
    We have a lease until April 09. What we want is the tenant out now!! It was suggested to up the rent to see if they would move out sooner. I just wanted to know if I could do that legally.

    What fool made that suggestion? It sure wasn't anyone familiar with law. As excon has said, you entered into a contract. You cannot change any terms of that contract until its expired.

    You can offer the tenant a buy out. Offer to pay their moving expenses if that will vacate asap. But if they want to stay until next April, there isn't a thing you can do about it as long as they don't violate the lease.

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