My landlord raised my rent through text 15 days before the rent was due. Is that allowed? We are on a month to month lease technically and have been for 3 years. She also won't fix things that have been damaged in the hurricanes or things that have broke like the garage door opener, the dryer stopped working and I had one to use, etc. I got a code violation today about the fence and she refuses to take the cost off the rent. Please help.
The owner / landlord cannot raise rent through a text message.
It must be in writing, as in a piece of paper handed to you or mailed to you or taped on your door.
However, if you refuse to pay the increase, the owner / landlord can send you a writing to terminate / non-renew the monthly periodic tenancy and you will have to move as long as you are given fifteen days' notice before the end of the month.
You may decide that the tenancy is not worth it and you may decide anytime to give your landlord written notice at least fifteen days before the end of the month that you are ending the tenancy and moving out on the last day of the month. Choose your battles and Good Luck!
I agree; sounds like it's time to for you find another place to live.
Although "technically," the text isn't a writing, playing games like that (i.e., when you KNOW the landlord wants to raise the rent) MAY get you another month (at the old rent) TOPS; but it certainly will not ingratiate you to your landlord.
And then again, you also be served with a 3 day notice for the unpaid extra rent, an eviction complaint (the landlord arguing that the notice must be "given" and perhaps he MAILED it, and it's on its way, etc etc.). I would suggest you pay to avoid trouble, but it's certainly your call.
In any event, if you refuse to pay the extra, then - at the very least - you should consider yourself GONE at the end of the very next term, as odds are the next notice you get will be to TERMINATE your month to month tenancy, not raise the rent - and then to EVICT you if necessary.
Hope this helps.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline