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

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.

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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

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

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

How to Write a Check (Step by Step Guide to Filling Out a Check)

Writing a check. It’s one of those things you always wanted to know how to do right but were probably too afraid to ask. Well, fear no longer: in this guide, we’ll walk you through the basics of check-writing, from how to fill out the lines you need, to knowing when it’s best to use a check — and when it’s not. We’ve also included a printable practice check at the bottom of the article so you can give it a shot before filling out a real one.

In this article, we’ll cover everything from how to write a check to the best situations to use one. Read through if you want to know everything you need to about writing a check, or click on a link below to jump straight to the section you’re most interested in.

  • What Is a Check?
    • Where Can I Get a Checkbook?
  • How Do You Fill Out a Check?
    • What Do I Do After Writing a Check?
  • Check Writing Security Tips
  • Alternatives to Writing a Check
  • Wrapping up

Before we get into the details of learning how to fill out a check, let’s start with the basics.

What Is a Check?

A check is basically a statement in writing that you agree to pay some amount of money to whomever you’re making the check out to. It lets the bank know that they can withdraw those funds from your financial accounts and direct deposit it into the payee’s account (that’s the person who you’re paying). If you’re unsure about how much to keep in checking for checks you may be writing, check out our post on that for a brief explanation.

When to use a check

Checks are useful in a variety of situations. You can use a check to:

  • Pay your monthly rent
  • Make a large purchase without a card
  • Send money as a gift
  • Pay for groceries
  • Pay for hired work like a housekeeper or gardener

Basically, they’re good for situations where you’re paying large sums of money that wouldn’t be convenient to pay for in cash, and where you’d rather not use a credit or debit card.

Where can I get a checkbook?

You can usually get a checkbook straight from your bank for free or a small fee, and they’re also available from retailers like Costco and Walmart. Custom checks are also available online from sites like Checks.com, but be careful where you order from, as some sites may not be secure — or could even be a scam.

Before you get started making payments with checks, however, you’ll need to know how to fill one out.

How Do You Fill Out a Check?

Knowing how to write a check is pretty easy once you get the hang of it. First, take a look at this graphic that shows the way that all the necessary fields of a check should be filled out.

filling in a check

Next, we’ll walk through each step to make sure you know what goes into filling out each line. We get it — it’s a little nerve racking signing over money to someone on a little piece of paper. Knowing how to fill it out correctly will give you more confidence the next time you have to send a check.

  1. Start with the payee, the person who you’re sending money to. There’s usually text that reads “pay to the order of” beside a line that you’ll fill in. On that line, simply write the first and last name of the person who you’re paying, or the name of the company you’re paying if it’s not an individual person. Be sure that you spell everything correctly, as misspelling a name could result in the check not going through.
  2. Fill in the amount in words that you are paying your payee. This part is a little weird, since you usually write numbers out in numerals, but it’s an important security step. The dollar amount should be written in words, and any cents can be written as a fraction out of 100. For example, if you were paying your landlord $925.50 for rent and utilities, you’d write out “Nine hundred twenty five dollars and 50/100.”
  3. Fill in the amount in numbers in the box on the top right of the check. This is a bit easier. In the case of the example above, you’d just write out $925.50. Often, the dollar sign is already written on the check, so you just have to make sure that the numerals are written out correctly. Important note: be sure that you double-check that the amount you wrote in words matches the amount you wrote in numerals.
  4. The optional memo line is located on the bottom left of the check. Though leaving this blank won’t invalidate the check, it’s usually smart to include a brief description so that your payee knows what the money is for. For example, in the rent check example, including “September rent” on the memo line is a good way for you and your landlord to keep track of your rent payments.
  5. The date is on the top right of the check. Fill in the date of the day you fill out the check — this ensures that you and your recipient can keep track of when the payment occurred.
  6. Sign your check on the line on the bottom right. This line shows that you have officially agreed to pay the listed amount. Be sure that the name you sign matches the one on file with your bank or the check may not be valid. It’s also a good idea to have a consistent signature, that way there’s little doubt you’ve authorized the check.

That’s it! That’s all it takes to know how to fill out a check. If you need a little practice filling out a check before you’re ready to send one, try out our printable practice check.

Note: In addition to the parts that you’ll fill in, a check includes the routing number and account number for the bank account that it’s withdrawing from. You don’t need to worry about those when you learn how to write a check, but when you receive your checkbook, be sure to double check that the number match your bank. You want to know which bank account your check will be drawing from when it’s cashed.

What Do I Do After Writing a Check?

Once you’ve written the check, make sure to note in a check register the amount that you’ve paid. Check registers are often included in the backs of checkbooks, but you can also keep a separate one if that is more convenient for you.

Whether you use a paper register or a digital one, it’s important to record how much you’ve paid because, until your payee cashes the check and it’s processed at your bank, your account will still list those funds as available. Recording the amount that you’ve paid gives you a more accurate picture of the amount that is in your checking account, and will be necessary when it’s time to balance your checkbook.

Note: Making sure to track cash and checks is always an important way to stay on your budget. While you will likely be able to see your credit card purchases online as soon as they happen, checks and cash don’t leave as easy a trail. Maintaining a written log and using an app like Mint are helpful ways to keep an eye on the full picture of your spending as you wait for checks to clear.

Check Writing Security Tips

Because checks are physical pieces of paper, they aren’t password protected and aren’t as easy to track as electronic payments (more on that in the next section). So, there are some security risks that you should keep in mind if you plan on using your checkbook.

Check writing security basics

That said, checks are generally a secure way of paying for things if they’re filled out carefully and properly. Check out these tips before filling out your check to ensure that you aren’t scammed or defrauded.

  • Never leave a check blank. There’s a reason signing your check was the last step listed above. If you sign a check and hand it over without a dollar amount specified, your payee can simply enter whatever quantity they wish and withdraw that from your bank account. The same goes for the payee line. If you had a signed check made out for $500 without a payee, and it slipped out of your bag, anyone could pick it up, enter their name, and pay themselves. Be sure that you always wait until you know the dollar amount and payee before you sign your check.
  • Use a pen. For the same reasons you wouldn’t want to hand anyone a blank check, it’s a good idea to use pen when filling it out. A check written in pencil could be easily tampered with, so be sure your writing is clear and permanent to avoid check fraud.
  • Try out the line method. Following the same reasoning, you wouldn’t want someone to turn your check for $500 into a check for $5500. You can prevent this by drawing a line from the edge of the space where you’ve written the amount to the start of your first letter. Follow this up by filling the entire numerical quantity box with the numerals for your amount.
  • Keep a record. Whether you opt for a checkbook that makes carbon copies of every check you write, or simply record all your transactions in a check register, keeping a handy list of all your paid checks is a good way to make sure you notice if something goes wrong. It’s also just helpful when you’re trying to sort out how much money you’ve spent and what you’ve spent it on.

Checks are generally a secure way to pay for things, but they might not be your best option for every situation.

Alternatives to writing a check

Alternatives to Writing a Check

Writing a check might be a useful way to make a payment in some situations, but in today’s world of tech, card payments and online banking, there’s often an easier and more secure alternative to pay or transfer funds.

Check alternatives

Here are some situations where you might use a check along with some alternatives that could be a better option.

  • Paying rent. There are plenty of landlords who keep things old school and only accept checks. However, many contemporary apartment complexes or apartments owned by property management companies will invest in an online payment portal for their residents. If you have the option to set up a payment portal, this is a much safer way of paying rent — plus, it eliminates the cost and hassle of mailing a check.
  • Making a large purchase. Credit cards are scary, but they often are a much better way of making large purchases. This is because many credit cards offer perks like cash back or airline miles, and consistently paying off your balance can seriously boost your credit. Plus, credit cards have stronger fraud protection than checks.
  • Buying groceries. Credit cards are also a great option here. Many grocery stores, or retailers that also sell groceries, offer credit cards themselves. These can be used to gain points or discounts, lowering your grocery bill monthly.

Wrapping up

Knowing how to write a check can be a handy and secure way to pay for something if you do it correctly. The guidelines in this post should help you start writing checks safely and carefully, and if you need a little extra practice, try out our printable practice check below. It’s a good way to feel confident before you put your pen (never pencil!) on the next check you write.

Blank check

 

The post How to Write a Check (Step by Step Guide to Filling Out a Check) appeared first on MintLife Blog.

Source: mint.intuit.com

Can You Be Evicted If You Pay Partial Rent

Times are tough. When you find yourself struggling to scrape together enough money to pay rent, what are your options? Will you face eviction if you can’t pay all of your rent on time? While rules vary from state to state, learn what commonly happens and what landlords can and can’t do when you can […]

The post Can You Be Evicted If You Pay Partial Rent appeared first on Apartment Life.

Source: blog.apartmentsearch.com