Can a Landlord Raise the Rent of Some Tenants but Not Others?

When a person moves into a residence and signs a lease, the landlord may have the option of raising the rent while the lease is ongoing only if the lease contract allows it. More often, rent will only be raised when the lease expires. Generally, the landlord has great freedom to decide what prices he will charge tenants. This means that generally he can raise some people's rent but not others. However, sometimes he is prohibited by law from doing so.

Rent Laws

State and by municipal governments sometimes dictate under what circumstances a landlord can raise rent when a lease expires. Usually, a landlord will have complete freedom to raise rent when a lease expires. Absent laws prohibiting him from doing so, the landlord can raise the rent for any tenant he wishes, without serving comparable increases on his other tenants.

Rent Control

According to "Real Estate Law" by James Karp, some cities, such as New York City, have rent control, which means the landlords can only raise rents by an amount set by the city. Often, these rent increases will be optional, meaning the landlord can choose to impose the rent increases, but he doesn't have to. In such a case, a landlord could raise the rent for some of his apartments but not others.

Advance Notice

If rent is to be raised, then the landlord must provide notice to the tenants before doing so. According to Karp, some cities have laws that require a set period of notice about a rent increase, such as a full 30 days. This is also true if the landlord wishes to take the residence off the market when the lease expires.

Considerations

Because laws related to real estate are so complex and vary so much between jurisdictions, the only way to determine whether a rent increase is legal is to consult the state or local property code or consult an attorney familiar with real estate law in the region in which the residence is located. While there may be laws against a rent increase period, according to Karp, there are few laws that mandate that all rents for a particullar property be raised at the same time.

References

• "Real Estate Law"; James Karp; 2003