Surprise rent increases are not allowed

If you live in an apartment that is not rent stabilized or controlled, your landlord can increase your rent as much as they want. BUT your landlord must give you advanced written notice before they can raise your rent by 5% or more.

The advance written notice warns you about the rent increase. The timing for the notice depends on how long you have lived in the rental. Before they can raise your rent (by 5% or more), the landlord must give you:

  • 90 days notice if you have lived in your apartment two years or more.
  • 60 days notice if you have lived in your apartment for more than one year.
  • 30 days notice if you have lived in your apartment for less than one year. 

You have the right to stay in the apartment at your current rent until:

  • you are given the written notice and
  • the time period that applies to you expires (90, 60, or 30 days).

The landlord must also give advance written notice if they decide not to renew your lease. This protection is for month-to-month tenants too. It has the same 90, 60, 30 days rule as the rent increases. For example: if you have a two year lease, the landlord must give you 90 days notice that they will not renew.

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Last Reviewed: September 7, 2023