frequently asked questions
Can a landlord increase charges for utility services?
Yes, by an annual percentage of 1% each of gas and/or electric service when the service is paid for by the landlord. This increase does not apply to hot water or gas used in a common boiler (that cost may not be passed to the tenant).
Can a security deposit or the last month's rent be increased?
Yes, only by the annual allowable percentage and at the same time that percentage is applied. A new landlord cannot ask for an additional security deposit.
Can a security deposit be used for a last month's rent?
No, if the last month's rent has not specifically been paid at move in, the tenant must pay the full last month's rent.
Can the landlord reduce the amount of services while maintaining the same rent?
No, if the service is reduced or removed, there must be corresponding reduction in rent.
When is rent considered late?
Rent is due on the day specified by the landlord. There is no grace period, unless specifically noted in the lease or rental agreement.
Can a late fee be charged if a tenant is late with rent?
Yes, if the late fee amount was part of the original lease or rental agreement.
Is a replacement roommate considered an additional tenant?
No, however the landlord has the right to approve the new tenant.
May a tenant be evicted for violation of the lease or rental agreement?
The landlord is required to give the tenant a three day notice to cure or quit. However, violation of a lease or rental agreement is one of eleven legal reasons for eviction.
Can a tenant be evicted for keeping a pet when the lease/rental agreement forbids pets?
Yes, as it is specifically forbidden in the lease or rental agreement.
What can the landlord do when a tenant is being noisy and other tenants are complaining?
Police may be called to a tenant's unit to dispel the problem and, if the nuisance persists, the landlord has the right to evict the tenant.
Can a tenant be evicted if the unit is overcrowded?
Yes, if the landlord did not have previous knowledge of the overcrowding.
Is a tenant entitled to a notice before the landlord may enter the unit?
Generally, a twenty four hour notice is required. Only in cases of emergency may this be waived.
Does the landlord need the tenant's permission to do a major improvement to the unit?
No, however the landlord is required to give the tenant a 24- hour notice that the landlord intends to enter the unit to make improvements. The tenant may be evicted if they do not grant access when proper notification has been given.
