How do I handle a tenant who refuses to pay the increased rent in my rental property?

Question

I am a landlord and have had the same tenant in my rental property for 3 years. Since the tenant started renting, the market rate for the rental property has increased significantly. I mentioned this to the tenant and gave him notice of the higher rent. However, the tenant made a big fuss about it and refuses to pay the higher rent.

What do I do and how do I handle this situation professionally?

Randall Alan · Answer

@Sam Bhattacharya

This is very simple.  Your tenant rents from you based on a rental period (ie. a yearly lease).  When you go to renew the lease, the renewal will spell out the renewal terms.  If your tenant does not agree with the terms to continue on at the property he can leave.  But he does not have a choice to stay and not renew (as long as you enforce that).  At that point, if your tenant is not willing to renew,  you simply advise the tenant that you will not be renewing their lease, and provide them a move-out date by which they must vacate the property.  Each state typically has time lines you have to follow as to having a tenant vacate the property.  You can usually just google this by searching for "your state name" and "tenant Landlord statutes".  I believe in Florida it is a 2 month notice.  But if your tenant isn't paying "full rent" based on what you say the rent is, you don't have to wait two months to evict them.  Once your tenants lease has expired, you, as the landlord, are free to set a new rental rate.  Even if he won't sign a new lease, I would simply post this on his door advising him of the new rental rate, take a picture of it, and save it for possible future need if you have to file for eviction.

It is your right to decide how long you rent to someone.  It doesn't matter how long they have lived there.   If they disregard your notice to move out, you file for eviction.  While that may sound "mean" - it is simply business - and the way the world works.  Your tenant does not dictate the terms of the lease or the rental rate - you do...  plain and simple.

All the best!

Randy

Drew Sygit · Answer

@Sam Bhattacharya just start the eviction process.

Either the tenant will pay or they will have to move.

Anything else will just delay the inevitable.

Russell Brazil · Answer

Looks like you're in Maryland. Assuming you are not subject to rent control, file the Failure to Pay Rent form and start eviction proceedings. I bet that rent increase Will show up.

Theresa Harris · Answer

Give them notice that they are not paying their rent in full and unless it is paid in full, they need to move or you will start the eviction process.

Savannah Yingling · Answer

Hi Sam! PM here in Montgomery County. I agree with most of the responses below. If you gave them everything in writing then you shouldn't have much of an issue with the eviction.

Dennis McNeely · Answer

I send the tenant a letter when we're 60 days out from the end of the lease asking them if they intend to renew. If not (or if they fail to respond), I send them a 30 day notice to quit when I'm 30 days out from the end of the lease - in accordance with the Michigan eviction process. That way I've already gotten a 30 day jump on an eviction - if it's necessary.

Good luck sorting it out in your area.

Ran Fridman · Answer

In this situation, it’s important to approach the tenant professionally and review the terms of the lease to make sure the rent increase was properly communicated and complies with local laws. After that, a calm conversation can help. Explaining the reason for the increase and providing some market data to show how rental prices in the area have risen could make things clearer for the tenant. If they’re still resistant, you might want to consider negotiating a compromise, like a smaller increase or a gradual rise over time to ease the adjustment. However, if they continue to refuse and there's no resolution, you may eventually have to look into the legal steps for eviction. It’s best to handle this situation carefully, keeping the communication open and professional throughout the process.

Mike H. · Answer

Have you given the rent increase notice in writing? Or was it just verbally? Did you give him the rent increase in writing in person? Some areas thats required too.If it was just verbally, you can't evict off that. If it wasn't in person that may or may not fly either.What you can do, however, is give him 30 notice to be out assuming he's currently not under any lease and is just a month to month tenant. Here in illinois when the lease expires, the tenant is considered month to month which means either party can give 30 day notice to leave or to be told to leave. But once they get the 30 day notice, then they might sing a different tune real quick.  Then you need to get them to sign a new lease - even if its a month to month lease - for the new rent amount. If they still don't budge, then you have to follow through the eviction.For the life of me, I don't understand why so many areas in the country make evictions so onerous on the landlord and the collections of unpaid rent so impossible for landlords. Its truly the most illogical and inequitable thing on the planet.  If I go into best buy and walk out with something without paying, I'm getting arrested for theft.  But if a tenant doesnt' want to pay me rent and they are essentially stealing rent from me, I have to go through hoops and then even when I get to court and a judge agrees they've been stealing rent, the judge gives them another two weeks to stay there (i.e. steal even more rent).

Tim Miller · Answer

Montgomery county is a rent control county and they are very tenant friendly.

First things first, did you provide written notice? Maryland requires this and for M2M you must give 60 day notice of the increase or 90 day notice for yearly.

Next you'll want to make sure your rent increase does not exceed the rent control amount set by Montgomery county. If it does, he doesn't have to pay it.

Double check everything before filing for any non payment of rent or to evict. Good Luck!

Adam Bartomeo · Answer

DOUBLE THE RENT! In FL, once they pass the lease end date they are considered a hold over tenant and are required to pay double rents by law. One look at double rents and they either move or pay up.

How do I handle a tenant who refuses to pay the increased rent in my rental property?

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