Question:  My lease automatically goes month-to-month when it expires, unless the tenant or I give notice.  If I want to increase the rent, what do I have to do?

Answer: An increase in the rent, is basically you terminating the old lease, and starting a new one, using all the old terms except for increasing the rent.  Therefore, you have to give at least a 30-day notice, prior to expiration date and the periodic rental period.  That is basically you telling the tenant that their old lease rate is expiring, and if they stay in the property, they are liable to pay the new rental rate.  If the tenant doesn’t want to pay the new rate, they could simply turn around and give you a 30-day notice to terminate their lease and vacate the property.  The reason for this is that you shouldn’t be able to give your tenant a notice of rent increase, without them having the opportunity to terminate before that increase takes place.  Also, remember, if you are sending your notices via certified mail, you must add 5 days for mailing.

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