Legal Question in Real Estate Law in Massachusetts

landlord/tentant

I need to know what is the most percentage that I can legally increase the rent for a tentant. I have not increased the rent for the past 5 years. I am currently charging 620.00 a month for a 2 bedroom and would like to increase this to 730.00 would this be legal ?


Asked on 3/28/09, 11:57 am

4 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: landlord/tentant

Unless it is rent controlled, the sky is the limit.

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Answered on 3/30/09, 7:51 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: landlord/tentant

Unless it is state or federally funded.

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Answered on 3/30/09, 7:51 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: landlord/tentant

It sounds like you are due for a rent increase. Whether it is legal depends upon whether you are currently operating under a written lease agreement.

If you are operating without a written lease agreement, also called a month-to-month tenancy-at-will, you will simply want to provide the tenant with sufficient notice of the increase. I would give them at least 30 days and never less than one full rental period.

If you have good tenants, you will want to consider whether a substantial increase will drive them out.

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Answered on 3/28/09, 12:18 pm

Re: landlord/tentant

You certainly have the right to raise the rent. One question is what is the market rent for the apartment in your area for a similar apartment. As long as the rent is not more than the market rate for a similar unit in the area, and frankly, $730 month sounds very reasonable to me to a 2 BDRM apt., you can raise the rent. You should give the Tenants at least 30 days notice (one full rental period) if they are on a month to month lease or without a formal lease. Notice should be given even if there is an existing lease with respect to the renewal of the lease.

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Answered on 3/28/09, 2:36 pm


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