Can a landord raise rental price halfway through the lease term?
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Can a landord raise rental price halfway through the lease term?
Landlord and tenant agreed to a 6 months lease at $2,000 month, instead of $2500 list price if the tenant painted the interior of the house and installed new flooring in the entry area. Landlord agreed to pool repairs/service and landscape cleanup prior to tenant’s move-in. The repairs/landscape cleanup were started but have not been entirely completed after 3 months. Tenant withheld rent due to this but did pay later after landlord threatened eviction. Landlord doesn’t trust tenant now to do the remodeling work and wants to raise the rent to $2500. If the tenant doesn’t agree can the landlord evict?
Asked on November 6, 2011 under Real Estate Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
From what you have written it is important to read the terms of the written lease between the landlord and the tenant in that its terms and obligations control the duties owed to the tenant by the landlord and vice versa in the absence of conflicting state law.
If the tenant has completed his or her part of the agreement the landlord cannot raise the rent if the work has been done. If the tenant has not done the agreed upon work, the landlord cannot raise the rent as well. The landlord's recourse is to hold the tenant in breach of the work agreement and seek to terminate the lease.
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