Monthly Rate
December 25, 2023 7:49 PM Subscribe
Assuming a month-to-month residency and that rent is payable on the 1st of the month, is 30 day notice for rent increase 30 days or 30 days + days to the 1st?
The statute reads:
An owner may increase the rent payable by the resident in a month-to-month residency by providing written notice to the resident of the proposed increase at least thirty days prior to the periodic rental date specified in the rental agreement...
An an example, assume some easy numbers:
Month-to-month residency, rent payable on the 1st
Number of days in month: 30
Current monthly rent: 1000
New monthly rent: 2000
Suppose the landlord gives notice of increase on Jan 15th. So 30 days would be Feb 15.
Does the tenant start paying the new rate on Feb 15 (15 days at old rate + 15 days at new rate)?
Or does total Feb rent remain at $1000 and on March 1 becomes $2000?
The statute reads:
An owner may increase the rent payable by the resident in a month-to-month residency by providing written notice to the resident of the proposed increase at least thirty days prior to the periodic rental date specified in the rental agreement...
An an example, assume some easy numbers:
Month-to-month residency, rent payable on the 1st
Number of days in month: 30
Current monthly rent: 1000
New monthly rent: 2000
Suppose the landlord gives notice of increase on Jan 15th. So 30 days would be Feb 15.
Does the tenant start paying the new rate on Feb 15 (15 days at old rate + 15 days at new rate)?
Or does total Feb rent remain at $1000 and on March 1 becomes $2000?
Yeah the key words are "at least", which means you don't have to time it to the exact day but you also aren't given permission to change the due date.
posted by janey47 at 8:34 PM on December 25, 2023 [1 favorite]
posted by janey47 at 8:34 PM on December 25, 2023 [1 favorite]
In your example, the next "periodic rental date" would be March 1 to March 31, with a due date of March 1. (I'm ignoring your 30 day months, because that's not how it works. If notice had been given anytime in December, it would apply to February 1-28 (or 29, in leap year).
To expand your example a little bit, for a year lease, if the lease period was Jan 1-Dec 31, the notice would have to be given no later than Dec 1, but could be given any time prior to that date.
For a six-month lease, say that ran Mar 1 - Aug 31, notice would have to be given 30 days prior to March 1 - which given the short length of February, would mean that it would need to be given by the correct date in late January.
In practice, it's generally given with a significant buffer by experienced landlords.
posted by stormyteal at 9:20 PM on December 25, 2023 [1 favorite]
To expand your example a little bit, for a year lease, if the lease period was Jan 1-Dec 31, the notice would have to be given no later than Dec 1, but could be given any time prior to that date.
For a six-month lease, say that ran Mar 1 - Aug 31, notice would have to be given 30 days prior to March 1 - which given the short length of February, would mean that it would need to be given by the correct date in late January.
In practice, it's generally given with a significant buffer by experienced landlords.
posted by stormyteal at 9:20 PM on December 25, 2023 [1 favorite]
Best answer: Suppose the landlord gives notice of increase on Jan 15th. So 30 days would be Feb 15.
Does the tenant start paying the new rate on Feb 15 (15 days at old rate + 15 days at new rate)? Or does total Feb rent remain at $1000 and on March 1 becomes $2000?
Rent is paid a month in advance at a time. The rent paid on Feb 1 covers all of February, no matter what else happens. With 30 days notice, you're looking at
Jan 15: notice of raise of rent, effective on the next "periodic rental date" that falls more than 30 days from now, which is March 1 (or whatever date you have stipulated rent be due in the rental agreement), so:
Feb 1: final month of old rent payment
March 1: First month of new rent payment
(I am not a NM landlord, but this is the way it works in OR, albeit with way more than 30 days notice required)
posted by pdb at 9:58 PM on December 25, 2023 [3 favorites]
Does the tenant start paying the new rate on Feb 15 (15 days at old rate + 15 days at new rate)? Or does total Feb rent remain at $1000 and on March 1 becomes $2000?
Rent is paid a month in advance at a time. The rent paid on Feb 1 covers all of February, no matter what else happens. With 30 days notice, you're looking at
Jan 15: notice of raise of rent, effective on the next "periodic rental date" that falls more than 30 days from now, which is March 1 (or whatever date you have stipulated rent be due in the rental agreement), so:
Feb 1: final month of old rent payment
March 1: First month of new rent payment
(I am not a NM landlord, but this is the way it works in OR, albeit with way more than 30 days notice required)
posted by pdb at 9:58 PM on December 25, 2023 [3 favorites]
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posted by praemunire at 8:08 PM on December 25, 2023 [1 favorite]