When the Landlord May Increase the Rent
The landlord may only increase the rent at the beginning of the term of the lease. The landlord
cannot increase the rent while a lease exists. The landlord must offer the tenant the option of
entering into a new lease, at the increased rental rate, after the old lease expires. If the tenant
does not sign the new lease and does not move at the expiration of the old lease and has been
given a valid notice to quit and notice of rent increase, a new tenancy is automatically created at
the increased rental rate.
Refusal to Pay Rent Increase
If a tenant refuses to pay the rent increase and remains at the rental unit after the old lease
expires (establishing new tenancy), the landlord may file a legal action in Superior Court to have
the tenant evicted for failure to pay the rent increase. The landlord is not required to give the
tenant notice before filing an eviction action for non-payment of the rent increase.
Unconscionable Rent Increase
If the tenant refuses to pay the rent because the tenant believes the rent increase is
unconscionable or unreasonable, the tenant may withhold a portion of the rent. The tenant may
withhold the difference between the old rent rate and the new increased rate. However, the
landlord may take the tenant to court based on non-payment of rent increase, if this happens, the
tenant may argue to the judge that the increase is unconscionable. The landlord has the burden
of proving to the court that the rent increase is fair and not unconscionable.
Note: If the tenant chooses not to pay the rent increase he should continue to pay the regular
rent and be prepared to pay the full amount of the rent increase if the court rules in the
landlord’s favor.