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About Donald J. Leske II
Expertise
Advocate for Landlord & Tenant Rights. Based in Washington State as a Licensed Real Estate Broker and Property Manager. I am a Landlord but I am not a Lawyer. Ask any question dealing with the rental of residential properties, including; 1. Evictions. 2. Maintenance & repair issues. 3. How to set a fair rental price. 4. When to hire a property manager. 5. Selling and how to determine value. 6. Basic tax questions and Legal issues ok, but most will be referred to a professional in that field.

Experience
I have over 25 years experience in Property Management with about 320 clients, plus I own my own Real Estate Brokerage (www.Homesandproperties.com) with expanded experience & training in Short Sales, Foreclosure negotiations and rental property management. I write an informal online Real Estate News Magazine and am a member of NARPM, National Association of Residential Property Managers and have been quoted by News Agencies.

Organizations
NARPM, NWMLS, ABR Certified

Publications
Mike Kelley Real Estate Show - MEDIA REVIEW - See: http://www.mikesrealestateshow.com/2008/03/07/great-article-on-short-sales-written-by-super-real-estate-pro-donald-j-leske-ii-must-reading-for-all-in-difficulties-in-sonomacounty
Trulia.com Advice Contributor
Activerain.com contributor

Education/Credentials
ABR Certified, State of Washington Licensed Agent & Broker. Past member of BBB, Chamber of Commerce and Board of Realtors.

Awards and Honors
2003, 2004, 2005, 2006 Presidents Gold Award for high achievement, John L. Scott Realty. - "Shining Star Award" 2006 - 03/04/05/06 All Star of the Year Award for excellence.

Past/Present Clients
See client testimonies at: http://www.bci-properties.com/testimonies.htm

You are here: Experts > Real Estate > Apartment Living/Rental > Residential Property Management > 1st floor apartment versus 2nd floor apartment

Residential Property Management - 1st floor apartment versus 2nd floor apartment

Expert: Donald J. Leske II - 11/3/2009

Question
QUESTION: Hi, Don:
I rented a 1st-floor apartment.
After me a tenant came and rented the 2nd-floor apartment, after the LL made extensive renovations that lasted 4 months. Boom, boom, boom on my head! The apartments have the same size. As the LL made all these renovations (not repairs!) he rented the apartment in the 2nd floor for $ 100.-- more than the 1st-floor apartment, my apartment. This is his right and makes sense. The new tenant accepted the increase.
Now the LL haunts and pesters me every time he sees me that he will also raise my rent to the same amount as the 2nd-floor apartment. In my apartment NO renovations have been done since 10 years, only wear-and-rear repair.
His reasoning is that I live in the 1st-floor apartment, do not have to go up the stairs, so I tell him that I do not have window bars on the windows, I feel not safe, I asked for those but he refused. Since I moved into this apartment, 2 years ago, my LL raised my rent $ 75,-- and I also had to pay up for the security deposit.
As I rejected this time a rent increase, I noticed that there is no heat in the apartment. I live in the northeastern part of the US, where the heating season, acc. to the law, starts October 1st and ends May 31st. There were already nights that the temperature went down to 33 degrees, but no heat!
This is obviously retaliation, what do you think and what should I do?
I am a good tenant, he always says so himself and he does not want me out, be says so himself, he wants both: A good tenant that pays
sharp on the 1st of the month AND bringing slowly but surely my rent up to the same amount as the 2nd-floor apartment, WITHOUT making any renovations.
The LL also told me that he will not raise the rent in the upper apartment for 2 years!! According to him we should pay the same rent, but me WITHOUT the renovations that lasted for 4 months. This is not fair! I am thinking of moving out, just to show him, because he is unfair.
Awaiting your kind answer and advice, thank you.

ANSWER: Hello,

Landlords have a right to raise rent, but it must be in accord with your State Landlord Tenant Law and what your lease/rental contract says. If you are on a lease then your rent is most likely locked in for that period of time and he could not raise it. If you are on a month to month rent then he may be able to raise your rent, but most states only allow a certain percentage of rent increase per year, so you should check your laws.

Tenants have a right to move out of course, generally with a 20 day notice or 30 days in some states. Every state seems to be different. Its always a battle it seems between owners who want more money and tenants who are already struggling and do not want to pay more.

Owners say that they have a LARGE Bank Mortgage to pay and its hard to do make these LARGE payments when tenants rents are too low or they do not pay on time. One owner I have pays $14,000 a month in payments... so when rents are late (even with just a few tenants), he is really hurting. Owners like this will raise the rent to meet market conditions as much as they can to make up for those tenants who pay late.

Facts:
Tenants will move out if they find a similar rental for less money. So owners need to keep their rents the range of what other similar rentals are going for.

Tenants generally, but not always, leave quite a clean up mess when they move out. This costs the owners a lot.., to loose a months rent while a rental is empty, plus costs of cleaning... and any repairs or remodel etc. So most owners will try to keep a good tenant.

Kind regards,
-Don

---------- FOLLOW-UP ----------

QUESTION: Thank you for your comments.
I think that LLs should not be so greedy, last not least it is the tenant that pays the mortgage of the owner. It is a horrible feeling to fear every time one puts one's eyes on the LL that he is asking for a rent raise, does not matter if it is a lease or month-to-month. In case of a lease, they start already in July whining about a rent raise. So, what can a tenant do else than stay away from the LL and avoid talking to him if every conversation involves a hint that the rent will be raised! Sigh! Sigh!
A tenant always expect that the owner has more money than him/herself, as he puts the monthly rent money into his pocket. Then we, the tenants should pity and have mercy with the LL?

Answer
I have very rarely heard of a LL who hints.... at raising the rent, without doing just that. You should expect that he will do just that and be prepared to either sign a year lease to protect you from rent raises.., or maybe just move out if you think he is unfair or if the rent will then be too high.

- Do you remember what the price of gas was or a gallon of milk.., just a few years ago? Rent is no different, its just business. The only difference is that you cannot personally see the person who raises your price of gas or milk. Landlords and managers get fired and loose their jobs when they do not do as instructed by owners. Also, Landlords often do not live in a big fine house on the hill, many live in the very same apartments as tenants do... just trying to do their job without getting fired.

- Many owners also loose their properties, when its not managed properly. Owners typically have HUGE monthly payments to make to a Bank for what they owe on rental properties, plus HUGE Insurance and Tax debts...., which tenants do not know about and most do not care about. All the tenant knows and cares about is the cost of their rent not going up.

That no pity and no mercy for LLs statement you made works both ways. I do wish you the best of luck, but there is not much I can say or do to help you past this point.

-Don

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