Most states restrict the situations where a landlord can increase the rent. There are also federal and (sometimes) local laws regulating rent increases. Laws may prohibit rent increases based on discrimination, retaliation, and other reasons.
Unlawful Rent Increase Laws
States which regulate rent increases often have prohibit a landlord increasing the rent in situations like the following:
- Out of discrimination against a protected class (whether in the Fair Housing Act or a state/local law)
- As retaliation against a tenant (in states which protect certain actions against landlord retaliation)
- During the lease term without an increase provision
- Above what rent control laws allow
- Without proper notice
- More frequently than allowed by law
Different states have very different laws regarding rent increases. Some states have very few laws, allowing landlords flexibility to increase rent as they choose. Others have rent control or rent-related regulations to protect tenants.
Local laws often present landlords with additional regulations on increasing the rent. In particular, many cities have anti-discrimination laws, and rules requiring a specific notice period before a rent increase.
When Is a Rent Increase Discriminatory?
Landlords may not increase the rent in a way which discriminates against certain types of tenants by increasing their rent more than others. The Federal Fair Housing Act applies to all states and prohibits discrimination due to:
- Race or color
- Gender (including gender identity)
- Sexual orientation
- Religion
- Nationality
- Familial status
- Disability
A landlord intentionally raises the rent for families with children but leaves the rent for tenants without children unchanged. This is an unlawful rent increase that discriminates against certain tenants due to their familial status.
State and city laws regarding housing discrimination may protect additional groups of people from unfair rent increases by landlords. For example, landlords can’t impose higher rent increases on college students in states which prohibit age-related discrimination.
A landlord can still increase the rent on someone from a protected class, as long as the increase applies in a way that doesn’t single out any protected individuals.
When is a Rent Increase Considered Retaliation?
A rent increase is retaliation when it is in response to a protect action a tenant takes, like filing a complaint with the authorities about a lack of hot running water. In the few states without retaliation laws, landlords can increase rent in response to any tenant actions (as long as the landlord follows other rent increase laws, such as waiting for the end of the lease term).
Different states have different retaliation laws. In general, actions protected against retaliation include:
- Filing a complaint with the appropriate agency regarding the property’s health and safety
- Participating in a court process against the landlord
- Joining or organizing a tenant’s union
- Exercising a legal right
- Requesting repairs
- Complaining to the landlord about conditions related to the tenancy
A landlord learns that a tenant organized a union among their neighbors. The next month, the landlord proposes a rent increase on that tenant. This is an unlawful, retaliatory rent increase.
Laws differ from state to state about how long a tenant gets protection after taking a protected action. Most states
The following states have no laws which address retaliatory rent increases:
- Illinois
- Maine
- Missouri *
- North Carolina
- West Virginia *
- Wyoming
* Retaliatory rent increase may be raised in court, but isn’t specifically a protected act in the law
When Can Landlords Legally Increase the Rent?
Landlords legally may increase the rent at the end of each lease term, as a general rule.
When tenants are on a month-to-month lease, landlords in general may increase the rent at any time (with sufficient notice), since the term of the entire lease is one month. On the other hand, a tenant is on a 12-month lease can expect no rent increases until the end of the year-long term.
The lease usually mayagree to a system for rent increases during a lease term, but some places regulate this type of agreement and other places prohibit it completely. State or local laws also may limit the frequency of rent increases, which apply regardless of the length of the lease term.
