What is the proper notice for raising the rent?
Full Question:
My apartment building was recently sold to an individual. My lease is coming up for renewal and they have raised the rent $15.00 and have added a clause of paying for water. Is it legal to raise it that much at renewal?
05/12/2007 |
Category: Landlord Tenant |
State: Alabama |
#4570
Answer:
You should carefully review your lease agreement to determine your landlord's rights to increase rent and alter provisions of the lease. Landlords typically increase rent upon renewal.
The applicable Alabama statutes are as follows:
§ 35-9A-401. Noncompliance by the Landlord.
[EDITORS' NOTE: THE TEXT OF THIS SECTION IS EFFECTIVE JANUARY 1, 2007.]
(a) Except as provided in this chapter, if there is a material
noncompliance by the landlord with the rental agreement or a
noncompliance with Section 35-9A-204 materially affecting health and
safety, the tenant may deliver a written notice to the landlord
specifying the acts and omissions constituting the breach and that the
rental agreement will terminate upon a date not less than 14 days after
receipt of the notice if the breach is not remedied within that period,
and the rental agreement shall terminate as provided in the notice
subject to the following:
(1) If the breach is remediable by repairs or the payment of damages or
otherwise and the landlord adequately remedies the breach before the date
specified in the notice, the rental agreement shall not terminate by
reason of the breach.
(2) The tenant may not terminate for a condition caused by the
deliberate or negligent act or omission of the tenant, a member of the
tenant's family, a licensee, or other person on the premises with the
tenant's consent.
(b) Except as provided in this chapter, the tenant may recover actual
damages and obtain injunctive relief for noncompliance by the landlord
with the rental agreement or Section 35-9A-204. If the landlord's
noncompliance is in bad faith, the tenant may recover reasonable
attorney's fees.
(c) The remedy provided in subsection (b) is in addition to any right
of the tenant arising under subsection (a).
(d) If the rental agreement is terminated pursuant to this section, the
landlord shall return all security recoverable by the tenant under
Section 35-9A-201 and all unearned prepaid rent.
§ 35-9A-142. Obligation of good faith.
[EDITORS' NOTE: THE TEXT OF THIS SECTION IS EFFECTIVE JANUARY 1, 2007.]
Every agreement and duty under this chapter and every act which must be
performed as a condition precedent to the exercise of a right or remedy
under this chapter imposes an obligation of good faith in its performance
or enforcement.
§ 35-9A-143. Unconscionability.
[EDITORS' NOTE: THE TEXT OF THIS SECTION IS EFFECTIVE JANUARY 1, 2007.]
(a) If the court, as a matter of law, finds:
(1) a rental agreement or any provision thereof was unconscionable when
made, the court may refuse to enforce the agreement, enforce the
remainder of the agreement without the unconscionable provision, or limit
the application of any unconscionable provision to avoid an
unconscionable result; or
(2) a settlement in which a party waives or agrees to forego a claim or
right under this chapter or under a rental agreement was unconscionable
when made, the court may refuse to enforce the settlement, enforce the
remainder of the settlement without the unconscionable provision, or
limit the application of any unconscionable provision to avoid an
unconscionable result.
(b) If unconscionability is put into issue by a party or by the court
upon its own motion, the parties shall be afforded a reasonable
opportunity to present evidence as to the setting, purpose, and effect of
the rental agreement or settlement to aid the court in making the
determination.
§ 35-9A-144. Notice.
[EDITORS' NOTE: THE TEXT OF THIS SECTION IS EFFECTIVE JANUARY 1, 2007.]
(a) A person has notice of a fact if:
(1) the person has actual knowledge of it;
(2) the person has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the
time in question, the person has reason to know that it exists.
(b) A person "knows" or "has knowledge" of a fact if the person has
actual knowledge of it.
(c) A person "notifies" or "gives" a notice or notification to another
person by taking steps reasonably calculated to inform the other in
ordinary course whether or not the other actually comes to know of it. A
person presumatively "receives" a notice or notification when:
(1) it comes to the person's attention;
(2) in the case of the landlord, it is delivered at the place of
business of the landlord or mailed to any place designated by the
landlord as the place for receipt of the communication; or
(3) in the case of the tenant, it is delivered in hand to the tenant or
three days after mailing with adequate prepaid postage in the United
States mail to the tenant's last known place of residence.
(d) "Notice," knowledge of a notice, or notification received by an
organization is effective for a particular transaction from the time it
is brought to the attention of the organization.
(e) Notice provided in this section does not apply to the notice
required to terminate a tenancy or evict a tenant.
§ 35-9A-202. Disclosure.
[EDITORS' NOTE: THE TEXT OF THIS SECTION IS EFFECTIVE JANUARY 1, 2007.]
(a) A landlord or any person authorized to enter into a rental
agreement on the landlord's behalf shall disclose to the tenant in
writing at or before the commencement of the tenancy the name and
business address of:
(1) the person authorized to manage the premises; and
(2) an owner of the premises or a person authorized to act for and on
behalf of the owner for the purpose of service of process and receiving
and receipting for notices and demands.
(b) The information required to be furnished by this section shall be
kept current and this section extends to and is enforceable against any
successor landlord, owner, or manager.
(c) A person who fails to comply with subsection (a) becomes an agent
of each person who is a landlord for:
(1) service of process and receiving and receipting for notices and
demands; and
(2) performing the obligations of the landlord under this chapter and
under the rental agreement and expending or making available for the
purpose all rent collected from the premises.
§ 35-9A-205. Limitation of liability.
[EDITORS' NOTE: THE TEXT OF THIS SECTION IS EFFECTIVE JANUARY 1, 2007.]
(a) Unless otherwise agreed, a landlord who conveys premises that
include a dwelling unit subject to a rental agreement in a good faith
sale to a bona fide purchaser is relieved of liability under the rental
agreement and this chapter as to events occurring after written notice to
the tenant of the conveyance. However, the landlord remains liable to the
tenant for all security recoverable by the tenant under Section 35-9A-201
and all prepaid rent.
(b) Unless otherwise agreed, a manager of premises that include a
dwelling unit is relieved of liability under the rental agreement and
this chapter as to events occurring after written notice to the tenant of
the termination of management by the manager.
§ 35-9A-501. Retaliatory conduct prohibited.
[EDITORS' NOTE: THE TEXT OF THIS SECTION IS EFFECTIVE JANUARY 1, 2007.]
(a) Except as provided in this section, a landlord may not retaliate by
discriminatorily increasing rent or decreasing services or by bringing or
threatening to bring an action for possession because:
(1) the tenant has complained to a governmental agency charged with
responsibility for enforcement of a building or housing code of a
violation applicable to the premises materially affecting health and
safety;
(2) the tenant has complained to the landlord of a violation under
Section 35-9A-204; or
(3) the tenant has organized or become a member of a tenant's union or
similar organization.
(b) If a landlord acts in violation of subsection (a), the tenant is
entitled to the remedies provided in Section 35-9A-407 and has a defense
in any retaliatory action against the tenant for possession.
(c) Notwithstanding subsections (a) and (b), a landlord may bring an
action for possession if:
(1) the violation of the applicable building or housing code was caused
primarily by lack of reasonable care by the tenant, a member of the
tenant's family, or other person on the premises with the tenant's
consent;
(2) the tenant is in default in rent;
(3) compliance with the applicable building or housing code requires
alteration, remodeling, or demolition which would effectively deprive the
tenant of use of the dwelling unit; or
(4) other material violations of the lease.
(d) The maintenance of an action under subsection (c) does not release
the landlord from liability under subsection (b) of Section 35-9A-401.
(Act 2006-316, § 1.)