Q I have been living in my apartment for more than three years. The first one-year lease I signed for this apartment, in July 2001, is the only piece of paper I have signed; after that, I assumed, and my landlady did too, that the lease was automatically renewed for the next year. Now, halfway into my fourth year, my landlady says she will be raising my rent from January onward, to keep up with supposed market value.
Do I have any rights here, or can my landlord arbitrarily decide when and by how much she can raise my rent? I'm stuck in a tough position, with few options, as I had planned on staying here till the end of this "lease term," July 2005. From what I remember of the lease, unless I gave 60 days' notice that I would leave when the lease term was up, the lease was automatically renewed for another year. -- Washington
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ASo you're both relying on a lease that neither of you has in your possession? First things first: Find the lease and read it carefully.
It would be rare for a lease to automatically renew for a full year. Some leases have provisions that automatically renew the terms on a month-to-month basis when the lease term runs out.
Assuming your apartment is not subject to rent control, your landlord can increase the rent. Even under rent control, if landlords have been granted permission to raise the rent, they would have to give their tenants proper notice before changing the rent. (In the District, landlords who own four units or fewer, which includes rented single-family houses and basement apartments, are exempt from the rent ceiling and rent charge regulations imposed by the government, but only if the landlords file an application for the exemption. Landlords of some newer buildings are also exempt. D.C. residents can find out if their address falls under rent control and, if so, what the established rent ceiling for their property is, by calling the Housing Regulation Administration at 202-442-4600.)
If your lease requires you to give 60 days' notice, that would seem to be a contradiction of the general terms of a month-to-month lease. Typically, for a lease that becomes month-to-month, both landlords and tenants are required to give as much notice as the period between rental payments. If you are paying rent once a month, then 30 days' notice is appropriate, either for you to leave or for the landlord to raise the rent.
However, if the lease stipulates that the tenant give 60 days' notice, that does not overtly violate any rental statutes, said Eric Rome, a landlord/tenant lawyer in the District.
Even though the lease may specify that the lease term is month-to-month, Rome said the landlord has essentially set up a two-month-to-two-month tenancy because you both seem to have agreed on the 60-day provision.
"If a tenant and landlord have agreed on 60 days, then that's enforceable," he said. "There's nothing in the statute which overrides the language of lease. The practice in D.C. really is 30 days' notice, but if you're going to construe the lease this way, I would argue that the tenant does have to give 60 days' notice," Rome said.
This also means, Rome said, that the landlord would need to give a tenant 60 days' notice before implementing a rent increase.
Landlords can usually increase the rent for a variety of reasons, including market value. So, if you think your landlord is asking too much for this market, then you are at liberty to move to a place that is priced more fairly. It may not have been part of your long-term plan, but you still have enough time to bail before January.
You could ask your landlord to let you out of the lease if you give 30 days' notice. A landlord -- especially a novice who likely constructed a lease using a document from another jurisdiction as a model -- may allow it even if the lease says otherwise.
What are the rights of the tenant when the landlord enters one's apartment without notifying the tenant and without an important reason? I have no problem if they have to come in to check on the plumbing or something, but aren't they supposed to notify the tenant in a reasonable time prior to their arrival? And if they don't notify (and they have done this several times), what rights do I have for retaliation? -- Annapolis
Retaliation is not the word you should use. Because landlords are prohibited from retaliating against their tenants (by evicting them, harassing them, raising the rent illegally, etc.), it is better if tenants do not think in those terms either.
Perhaps what you meant is recourse, as retaliating against a landlord might mean that you plan to barge into your landlord's place of residence unannounced to demonstrate how it feels when someone touches someone else's possessions without prior consent.
In the case of maintenance workers, landlords or other rental property personnel entering tenants' homes, common sense should prevail. In an extreme emergency, such as a severe plumbing problem that has suddenly caused flooding or a dysfunctional heating unit in the dead of winter, landlords have the right to enter a property without notification.
Depending on the jurisdiction, for less serious problems landlords are required to give notice. Generally, it ranges from 24 hours to two days in a non-emergency situation. In Maryland, there is no statute that covers landlord's access to a rental property.
Although there is no statute, you can still expect your landlord to give you reasonable notice before entering, especially in a situation that does not require immediate attention. Talking with your landlord about these expectations may help you maintain your privacy. You can politely ask for more communication from your landlord. If, for instance, a maintenance worker comes available at the last minute and your landlord doesn't have time to give you a full day's notice, maybe your landlord can call you to make sure it is okay.
Follow that conversation up with a letter acknowledging your right to privacy and your wishes to be notified in advance of all work done in your apartment. If nothing changes, and you feel your landlord is truly violating your privacy by entering too often and without reasonable notice, then the recourse you have is to take your case to small-claims court. Just be certain you have enough evidence to prove trespassing, invasion of privacy or some other kind of serious infringement of your right to quiet enjoyment.
After the question two weeks ago regarding an apartment resident watching adult films at high volume, many readers suggested that the person posing the question buy headphones. Using headphones would ensure that the sounds a person's electronic hobbies make would not disturb others, both inside and outside the apartment unit.
One reader also suggested that the person have his or her hearing checked by an audiologist, in case what is normal volume to the film viewer is instead extremely loud to others. This same reader, K. M. Dawson of Englewood, Ohio, added that the person "should try moving the television. It is possible there is something in the structure of the building that transmits noise in certain spots. In my own house, the heating ducts form a very effective intercom between the kitchen and one of the bedrooms."
Do you have questions, comments or ideas about apartment life? Contact Sara Gebhardt via e-mail at gebhardts@washpost.comor by mail, c/o Real Estate Editor, The Washington Post, 1150 15th St. NW, Washington, D.C. 20071.
