Rent Increase Laws: What Landlords Can (and Cannot) Do

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rent increaseseccolo74/iStock

Rent increases are never, ever fun. Every year, I hold my breath when it’s time to renew my lease, in the hopes that the hike is still within my housing budget. Sure, it may be easier than ever to find homes for rent online, but I love where I live, and would like to stay there as long as I can.

Fortunately, my landlords have always played fair. But let’s be frank—some don’t. And when that happens, it leaves many tenants wondering: What are the rules on raising rent, anyway?

Read on for answers to the questions that keep renters up at night.

How often can landlords raise rent?

Landlords can’t just raise your rent whenever they feel like it; they have to wait until whatever contract you’ve signed with them expires, says Robert Pellegrini, president of PK Boston, a real estate and collections law firm with offices in the Greater Boston area. That means that if you have a lease, they can’t raise it until the lease term expires.

For example, if you’ve signed a one-year contract, it’ll be a year before rent can go up, or two years if you’ve signed a two-year lease (which is why signing a lease for two years or longer is wise, to keep the rent down).

Meanwhile, if you’re renting month-to-month, your rent can’t increase until the end of any given month. Simple rules. But real rules.

How much notice should renters receive of rent increases?

In most states, renters must be granted at least 30 days’ notice before a rent increase is enforced, although that can vary based on how much the rent will actually go up. In California, for instance, that advance notice expands to 60 days if the increase is more than 10% of the rent.

These rules are also typically true for a “tenant at will” (i.e., you do not have a lease) and, more surprisingly, a tenant in a rooming house, where you are likely to pay rent weekly.

“In this case, one would assume that seven days’ notice would suffice. Not the case!” says Pellegrini. “Tenants in rooming houses still require 30 days’ notice for a rent increase.”

No matter how strange your leasing terms may seem, or how unorthodox your housing situation, you may be surprised when it comes to your rights concerning rent increases.

How much can landlords legally increase what renters pay?

As unfortunate as it may be, rent increases are common, and many tenants expect some kind of increase every time their lease comes up. Still, some renters might find it hard to believe just how much the price of their housing goes up every year.

“When it comes to how much a landlord can raise rent, anything flies,” says Pellegrini. “There are no rules, and it’s totally at their discretion.” Except, of course, if you’re living in a rent-stabilized or rent-controlled apartment, in which case there are strict government provisions in place governing how much rent can be raised (or if it can be increased at all).

Finding one of these rent-controlled apartments is something like locating the holy grail. So, if you don’t know if you have a rent-controlled apartment, the chances are you do not.

If that’s the case, you, your lease, and your wallet are mostly at the mercy of your landlord and the rental market in your area. However, there are some exceptions to what your landlord can do, for example: raise the rent to punish a renter.

“If it looked to a judge like the landlord was raising rent punitively—say, for example, to get ‘payback’ for the tenant contacting the Board of Health for a health code violation—then this is not OK, and the landlord could be found guilty and made to pay as much as triple damages and court costs,” says Pellegrini.

In this case, it’s not about your rental agreement, the length of your lease, or even a housing market increase in your area. It’s about what is legal and illegal. If you think you may be a victim of a punitive rent increase, contact a lawyer.

Can a landlord raise rent retroactively?

The short answer is no. In most cases, if a landlord has slapped a tenant with a retroactive rent increase, he was negligent in letting the tenant know about the increase at the appropriate time. The renter can’t be held responsible for a rent increase he or she genuinely didn’t know about.

“Often, a landlord provides notice of the increased rent retroactively together, to try to bully renters out, knowing that the tenant might be overwhelmed due to the ‘back rent’ and would be more likely to vacate,” says Pellegrini.

If this is the case for you, be aware that a tenant can file suit against a landlord, or simply counterclaim if an eviction has already been initiated by the landlord.

What should renters do if they think their landlord illegally raised the rent?

So, now that you know a bit more about rent increases: What if you’re realizing that your rent may have been increased illegally?

Maybe your rent was increased illegally on a rent-controlled apartment. Or, perhaps you’re looking through your rental agreement and realizing that you weren’t due for an increase.

There are things you can do to protect yourself from an illegal rent increase.

“A tenant should keep track of every correspondence they receive,” says Pellegrini. “They should also take notes when communication is verbal, and keep track of the dates of each communication.” This is especially important when trying to prove harassment (to pay rent or otherwise).

But don’t assume that your landlord is automatically the bad guy.

“In my opinion, the vast majority of landlords do the right thing, and, out of the slim percentage that do not, they aren’t even aware that they did something incorrectly,” says Pellegrini.

“So, in all but a few cases, I’d highly recommend that the tenant communicate with the landlord first if something doesn’t seem right. If the tenant ends up in court, or starts things off in a threatening way, they should remember that the landlord owns the property. And, if the landlord finds the tenant to be difficult to work with, the landlord is entitled to allow the tenancy to expire and find a new tenant.”

So, you should yourself (and your money) from an unfair increase, but don’t go so far as to threaten your landlord and put your housing situation at risk. Remember that your landlord could have made an honest mistake.

It’s also possible that you could have miscalculated an increase along the way. If you come on too strong to correct the situation, you could potentially end up facing eviction.

—————

Watch: Is It Smarter to Rent or Buy?

The post Rent Increase Laws: What Landlords Can (and Cannot) Do appeared first on Real Estate News & Insights | realtor.com®.

Source: realtor.com

7 Simple Home Improvements to Beat the Winter Blues

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Winter can be a tough time of year for many of us, especially after all the holiday excitement dwindles down. It’s cold. It’s dark. It’s gloomy. And this is when many of us start to feel the winter blues settling in. 

But there is good news. By planning out a few simple home improvements you can easily transform your space into a happier and cozier place to be, while also enjoying time spent inside. Sprucing up your home can feel good during any season, but certain projects are perfect for giving you a much-needed mood boost during this time of year. 

So, if winter is getting you down, consider these home improvement projects to help you beat those winter blues, no matter how short the days are or how low the temperatures drop.

painted living room

1. Repaint living spaces

Feeling like your home is in need of a dramatic change? A new coat of paint can be a cheap and effective way to switch things up in no time. During this time when many of us need a mood booster, take a page out of the psychology book, and surround yourself with colors that help you relax and increase happiness. In general, cool colors have a calming effect, while warm colors add comfort and can be invigorating. White can help brighten rooms by reflecting light. It makes a small space feel larger and more open, which can help you feel more energized.

Painting can require some patience, especially if you are considering a brand new color, but it’s easy enough for even a DIY beginner to accomplish. And, with the right attitude and a few friends or even some favorite music, you can make repainting your walls fun, too. If you’re feeling overwhelmed by your painting project, consider hiring a local painting company to tackle it for you.

kitchen lighting

2. Update your home’s lighting 

What better way to brighten and warm your spirits this winter than with the perfect lighting. Not to mention it’s an easy and affordable way to make your home a more comfortable place to spend time.

Instead of sticking with whatever fixtures came in your home when you bought it, you can use the doldrums of winter as an excuse to try this simple home improvement. Light fixtures are affordable and can often be installed without an expert. Whether you repurpose your holiday string lights or invest in a daylight lamp, the options are endless. You can also completely change the ambiance in your home simply by replacing any harsh white bulbs with calming yellow ones.

skylights in living room

3. Maximize natural light with windows or skylights

With the shorter days and gloomy weather, one of the main factors leading to winter blues this time of year is the lack of natural light. The best solution for this is to increase the amount of sunlight in your home. If your current windows aren’t letting in enough light or air, it may be time to upgrade. 

Skylights can also be an excellent way to improve natural light. This is true even if you live somewhere like Miami, where the sunlight is abundant. Skylights can be installed in many areas of your home, with kitchens and baths being among the most popular choices. Adding more light and sun can go a long way in making the winter darkness a little easier to manage.

simple home improvements bright entryway

4. Install a sound system

There’s nothing like a great song for instantly lifting the spirits. Playing some of your favorite tunes at home is the perfect remedy to help fight your winter blues. It’s a bit less impactful, though, when you’re listening to music through tiny laptop speakers. If you want to really immerse yourself in the sound of your favorite songs, invest in a home sound system.

Setting up a surround sound system or a sound system that plays across multiple rooms is quite simple. Modern technology allows for easy connectivity with Bluetooth, ensuring your home is ready for fun without a costly or complicated setup process.

simple home improvements bathroom

5. Improve organization

After spending months inside due to the pandemic, followed by the holidays, your home may be overrun by clutter. Think about how good you’ll feel when you’ve cleaned your house, and everything has been put back in its rightful place

Improving the organization of a space can occur in a number of ways, from purchasing storage boxes and bins to custom pieces for the closet. A few simple home improvements can go a long way. Whether that’s just going through old mail, sorting clothing to donate, or filing papers, organizing can help create a nicer living space. If you’re feeling overwhelmed with the process, bring in a professional organizer or declutter to help.

6. Add greenery to beat winter blues

Plants are amazing gifts of nature. In both work and home environments, live plants can boost your mood, productivity, concentration, and creativity. Plants come in all shapes and sizes, from tiny succulents to large potted plants, making greenery a functional and flexible option for everyone. You can choose from flowers, greek plants like ferns, or even herbs to add color and life to any room.

If you have a large living area, potted trees can also be an excellent addition and one of the simplest home improvements you can do. Available from local nurseries and mail order services nationwide, plants make it easy to add a dynamic living focal piece to any room.

bedroom sanctuary simple home improvement

7. Create a bedroom sanctuary

There’s nothing quite like having a cozy place to escape to on a cold winter day. From fluffy blankets and bedding to essential oils and warm, ambient lighting, your bedroom can be a place of peace from the moment you walk in. Flannel sheets can keep you nice and warm while a plush rug to sink your toes into will add comfort. 

Making it through yet another winter may seem tough, but a few simple home improvements can be just what you need to turn a cold-weather frown upside down. From a little repainting to installing skylights, there’s plenty you can do to increase your happiness and take your home from bland to beautiful this season.

The post 7 Simple Home Improvements to Beat the Winter Blues appeared first on Redfin | Real Estate Tips for Home Buying, Selling & More.

Source: redfin.com

Remote-Work Boom During Covid-19 Pandemic Draws Real-Estate Startups

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Park in San Francisco social distancingDavid Paul Morris/Bloomberg via Getty Images

A group of real-estate startups is aiming to cash in on the remote-work phenomenon.

With many corporate offices closed because of the pandemic, many young professionals have left cities like New York and San Francisco for warmer, cheaper places. A number still plan to return after their offices reopen, leaving them reluctant to buy homes or sign long-term apartment leases.

That situation is creating fresh demand for furnished housing on a short-term basis, a fast-growing niche that many property startups and their venture-capital backers are rushing to fill.

One of them is Landing, which runs a network of furnished apartments across the U.S. When it launched in 2019, the Birmingham, Ala., and San Francisco-based company initially planned to operate in about 30 cities last year. Instead, it expanded to 75, largely because demand grew much faster than expected, said Landing Chief Executive Bill Smith.

“Covid has taken a decade of change that I was thinking was going to happen between now and 2030 and kind of compressed it into a year,” he said.

Legions of remote workers also offer these firms a chance to make up for reduced tourist and corporate business. San Francisco-based Sonder, which rents out furnished apartments by the night, ramped up its marketing of extended stays during the pandemic, according to Chief Executive Francis Davidson. Stays of longer than 14 days now account for about 60% of the company’s business, up from less than a quarter before the pandemic, he said.

Kulveer Taggar, CEO of corporate-housing operator Zeus Living, said his firm experienced a steep drop in demand as companies hit the pause button on employee travel and relocations. But he was able to make up some ground by renting apartments to individuals. People working from home now account for about a quarter of the company’s business, Mr. Taggar said, up from virtually nothing before the pandemic.

Unlike Sonder and Zeus, remote workers were a key part of Landing’s business before the pandemic. Its customers pay an annual membership fee, which gives them the right to rent furnished apartments in any city. The minimum length of stay varies from 30 to 60 days, and the company asks for a month’s notice before a customer moves out.

The company is popular with college-educated young professionals who don’t want to be tied to a single location. Since the start of the pandemic, it has seen a growing number of customers leave New York and San Francisco and move to cities like St. Petersburg, Fla., and Denver, Mr. Smith said.

In November, Landing raised $45 million in venture funding from a group of investors led by Foundry Group and including Greycroft and Maveron, along with $55 million in debt. Mr. Smith said he hopes to expand to 25,000 apartments by the end of this year, up from around 10,000 today.

That growth carries risk if demand from remote workers were to disappear again after the pandemic is over. Still, Chris Moody, a partner at Foundry Group, said the number of furnished apartments available under flexible terms is still so small that he doesn’t worry about a lack of customers.

“Even at the end of 2021, we won’t really have scratched the surface,” he said.

The post Remote-Work Boom During Covid-19 Pandemic Draws Real-Estate Startups appeared first on Real Estate News & Insights | realtor.com®.

Source: realtor.com

Zillow study illustrates home value disparity between races

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Typical values for Black and Latinx-owned homes still lag behind overall U.S. home values, but the gap is narrowing.

A new Zillow analysis shows homes owned by Black and Latinx households are worth 16.2% and 10.2% less, respectively, than the typical U.S. home. Homes owned by non-Hispanic white and Asian families, meanwhile, have typical values 2.9% and 3.7% higher than the typical U.S. home.

While inequity in home values continues to persist, the data show them steadily, albeit slowly, converging. Since homeownership is the single largest driver of wealth for many households, the value and appreciation of a home is extremely impactful for families.

Before the Great Recession, the gap between Black-owned home values and all home values was about 15%, but grew to 20% by March 2014. Similarly, Latinx-owned homes saw the largest home value gap in May 2012 at 14% — 2 percentage points larger than before the housing bubble. Now, nearly a decade later, home values for Black- and Latinx-owned homes are back at pre-bubble levels, and continue to narrow despite the current economic crisis.

One reason for the wide gap is that the housing bust hit communities of color especially hard. Subprime loans were targeted to take advantage of the most vulnerable communities, and the ensuing wave of foreclosures hurt homeownership and home values disproportionately for Black and Latinx homeowners. Fast forward 12 years, and homeownership rates and home values are still recovering for these communities. While home value growth turned positive for U.S. homes in August 2012, it took an additional two years for Black and Latinx homes to see this same growth.

“It has taken nearly a decade for the home value gap to return to pre-recession levels, but still, the gap remains very large,” says Zillow economist Treh Manhertz. “With Black and brown communities and jobs hit disproportionately hard in the pandemic, there has been reason to worry another dip may be on the horizon that could slow or stop the progress. However, this is not the case, as the same factors that widened the gap in the Great Recession are not surfacing this time. Thanks to rock bottom rates on the most secure mortgages, extended forbearance programs, and rising home prices, there are no signs of another widening of the gap coming this year. However, through these turbulent times, continued vigilance and targeted intervention by policymakers is crucial to keep the progress going for communities of color.”

Home value inequality varies greatly in different states and metropolitan areas. Large metros with the smallest spread between Black-owned home values are Riverside (1% value gap), San Antonio (3%), Las Vegas (3%), and Portland (4%). Among the most unequal are Detroit (46% value gap), Buffalo (43%) Birmingham (43%), St. Louis (41%), and Milwaukee (40%).

Black homeownership rates are also on the rise since the Great Recession, despite challenges for Black homebuyers to secure a mortgage. Telework has the ability to expand the opportunity for homeownership even further for Black and Latinx renters, providing the flexibility to own a home in a less-expensive area.

The post Zillow study illustrates home value disparity between races appeared first on RealtyBizNews: Real Estate News.

Source: realtybiznews.com

Social media influencers are being paid to promote real estate

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Some real estate agents have had the novel idea of partnering with social media influencers in order to get younger, first-time buyers checking out their listings.

A story in Bloomberg last week revealed that agents are turning to social media influencers to sell the idea of a better lifestyle, with Instagram posts or YouTube videos featuring some of their listings to help prospective buyers picture themselves living there.

Christine Blackburn, a sales director with Compass, told Bloomberg that she believes younger home buyers “trust these influencers – that’s what it comes down to.”

Blackburn has used the tactic herself, teaming up with three well known Instagram influencers to decorate condo units she is selling in Brooklyn, N.Y. One influencer, who’s known for her houseplant tips, helped to outfit the condo with various potted plants and shared the photos on her profile. Some influencers have hundreds of thousands of followers that will see such images.

The National Association of Realtors says its data suggests that younger buyers are more likely to take advice from close friends and relatives when it comes to buying a home. And they’re also more likely to respond to word-of-mouth marketing, and the NAR includes social media influencers in that category.

“We’re seeing that social media has played quite a big role in home shopping,” StreetEasy Economist Nancy Wu told Bloomberg. StreetEasy has taken it onboard, and recently launched its own TikTok account that features home tours.

Bloomberg said the real estate pros it interviews that have used social media influencers declined to say how much they paid to get their listings featured. But they unanimously said that the posts resulted in a big increase in the number of people who viewed their listings.

It’s likely that real estate agents will leverage content creators more often in the coming years, Thomas Fialo, vice president of Douglas Elliman Development Marketing, told Bloomberg.

“People can identify with them,” Fialo said, referring to social media influencers. “It’s about thinking outside the box and bringing a home to life.”

The post Social media influencers are being paid to promote real estate appeared first on RealtyBizNews: Real Estate News.

Source: realtybiznews.com

Fannie, Freddie Overseer Looks to End Federal Control Before Trump Leaves

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Mark Calabria, who heads the Federal Housing Finance Agency, testified before a Senate committee in June.Astrid Riecken/The Washington Post/Bloomberg via Getty Images

WASHINGTON—The federal regulator who oversees Fannie Mae and Freddie Mac is pushing to speed up the mortgage giants’ exit from 12 years of government control but has yet to reach an agreement he needs with Treasury Secretary Steven Mnuchin, according to people familiar with the matter.

Mark Calabria, a libertarian economist who heads the Federal Housing Finance Agency, has made it a priority to return Fannie and Freddie to private hands, a goal shared by Mr. Mnuchin. How that is done could affect the cost and availability of mortgages backed by the companies, which guarantee roughly half of the $11 trillion in existing home loans.

Completing the complex process before President Trump’s term ends on Jan. 20 is a long shot, and President-elect Joe Biden is considered unlikely to continue the effort. But Messrs. Calabria and Mnuchin could succeed in taking steps that would be difficult to reverse, such as significantly restructuring the government’s stakes in the firms.

The Treasury secretary must agree to any move to alter the terms of either the companies’ bailout agreement or the government’s stakes. One person familiar with the effort said Mr. Mnuchin is supportive of locking in a path to private ownership but mindful of steps that could disrupt the housing-finance market.

Mr. Calabria has met twice recently with Mr. Mnuchin to discuss an expedited exit of the companies from government control, most recently the week of Nov. 9, according to people familiar with the meetings, which also involved Larry Kudlow, the director of the White House’s National Economic Council. Mr. Mnuchin was noncommittal about the push, the people said.

Fannie and Freddie don’t make home loans. Instead, they buy mortgages and package them into securities, which they then sell to investors. Their promise to make investors whole in case of default keeps down the price of home loans and underpins the popular 30-year fixed-rate mortgage.

The government seized control of Fannie and Freddie to prevent their collapse during the 2008 financial crisis through a process known as conservatorship, eventually injecting $190 billion into the companies. In exchange, the Treasury received a new class of so-called senior preferred shares that originally paid a 10% dividend. It also received warrants to acquire about 80% of the firms’ common shares.

One option under discussion would entail a complex capital restructuring that would eventually reduce the government’s stakes in the firms. Such a move would be aimed at opening the door to new, private investment.

Still, it is a delicate issue because U.S. officials don’t want to cause investors to doubt the government’s backing of the firms, which have helped pin mortgage rates at record low levels during this year’s pandemic-induced economic slump. Moreover, it is politically sensitive because depending on the design, it could effectively move Wall Street investors ahead of taxpayers in line to receive any future profits.

As part of that set of decisions, Mr. Mnuchin would have to determine whether to write down the government’s more than $220 billion of senior preferred shares in the firms. Because those shares give the Treasury first claim on profits, private investors will have little incentive to take new stakes in Fannie and Freddie as long as they exist in their current form.

Such a move would likely push up the value of shares that investors acquired at fire-sale prices after the 2008 crisis. Some lawmakers are worried taxpayers would be short-changed.

In a letter to Messrs. Calabria and Mnuchin last month, Sens. Mark Warner (D., Va.) and Mike Rounds (R., S.D.) said taxpayers must be paid a fair market value for whatever stake they give up.

“Any other means of reducing their investment would be tantamount to a transfer of wealth from the taxpayers who stepped in to save [Fannie and Freddie] to private investors looking for a windfall,” they wrote.

It is unclear how seriously officials are considering another legal move that Mr. Calabria has raised in the past: an order formally ending the conservatorships but requiring the companies to operate with significant limitations on their businesses until they raise enough capital to operate independently through retained earnings and possible future stock sales. Supporters say the move would be akin to downgrading a sick patient from the emergency room to a regular hospital room.

One person familiar with the matter said the policymakers aren’t considering such an order, fearful it could upend markets.

Any single step, such as restructuring the government’s stakes in the firms, would normally require dozens of employees across the White House, Treasury and other agencies many months to complete, according to current and former government officials.

Industry officials warn that an abrupt overhaul to the company’s legal status could spook risk-averse investors in mortgage-backed securities issued by Fannie and Freddie, which are seen as nearly as safe as Treasurys.

“An end to conservatorship would be a material change from what we’ve had, and it will take time to explain to investors what risks do and do not exist,” said Michael Bright, CEO of the Structured Finance Association, whose members include investors in Fannie and Freddie securities.

In a sign that Mr. Calabria is eager to complete unfinished work quickly, the FHFA on Wednesday completed a rule requiring the companies to hold as much as $280 billion in capital once they exit conservatorship, up from $35 billion currently.

—Nick Timiraos contributed to this article.

The post Fannie, Freddie Overseer Looks to End Federal Control Before Trump Leaves appeared first on Real Estate News & Insights | realtor.com®.

Source: realtor.com

Orchard expands to Houston, East Coast

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Orchard announced Tuesday its immediate availability to consumers in Houston, as well as future expansion into Charlotte, Raleigh-Durham, and the Washington, D.C. suburbs in the upcoming months.

Court Cunningham, chief executive officer and co-founder, said he’s excited for Orchard to help consumers in the new markets, where demand has outpaced inventory.

“We’ll make it easier for home buyers in these markets to secure their dream home as soon as they see it, while still selling their old home for top dollar,” he said.

Cunningham added that the Move First initiative, Orchard’s program allowing homeowners to buy their next home before selling their old one, proved popular during the COVID-19 pandemic because it let consumers avoid living in their old home while potential homebuyers toured it.

“Buying and selling homes the traditional way isn’t sufficient in today’s hyper-competitive market,” he said. “With demand at an all-time high, people need to make offers – ideally in cash – without contingencies.”

Houston, according to multiple listing service data, is selling homes above price at triple the rate of 2019, and Cunningham added that the number of homes going under contract within 30 days of listing has increased by 50%.

Orchard adds Houston to a service area that includes Austin, Dallas-Fort Worth, San Antonio, Denver, and Atlanta.

Originally called Perch, Orchard branched into the lending business in July. This followed the creation of a title and escrow unit, dubbed Orchard Title, in the fall of 2018. It also closed on a $69 million Series C round led by Revolution Growth in September.

In October, Orchard announced the launch of a digital platform that enables homeowners to manage the entire real estate transaction in one place.

The post Orchard expands to Houston, East Coast appeared first on HousingWire.

Source: housingwire.com