Rent Control

Rent Control > If You Are Not Under Rent Control

:: What Are the Rules?

If you live in a town that does not have a rent control ordinance, or your apartment or house is not covered by the rent control ordinance, the only limitation on your landlord's right to increase the rent is that the landlord cannot evict you for refusing to pay an increase that is so large that it is "unconscionable" (extremely harsh or so unreasonable as to be shocking).

The courts have not defined what the word "unconscionable" means in dollars and cents. But some rents clearly appear to be so harsh or shocking as to be unconscionable. For example, if your landlord raises your rent more than 20% without a very good reason, the increase may be unconscionable. On the other hand, even a 5% increase could be unconscionable if the conditions of the building are very bad and the landlord has failed to make repairs.

If you believe that you have received an unconscionable increase, you may refuse to pay the landlord the increase. Your landlord may very possibly take you to court to try to evict you for nonpayment of rent. Just make sure you have prepared yourself thoroughly before refusing to pay a rent increase so you have a strong case in court.

If you have further questions on this topic, please see our legal resources section for helpful links and organizations.