Can I Refuse a Rent Increase? Know Your Legal Options
Receiving a rent increase notice can be stressful, especially if it seems unfair or unaffordable. This guide explains your rights and options when your landlord raises the rent.
Last Updated: December 5, 2025
Understanding Your Rights
Your rights depend on your lease type, local laws, and how the landlord handled the increase.
- Fixed-term lease: Rent typically cannot increase during the lease term
- Month-to-month: Landlord can raise rent with proper notice
- Rent control areas: Increases may be capped or require approval
- Improper notice: Increase may be invalid if notice was incorrect
- Retaliation: Increases as punishment for complaints may be illegal
- Discrimination: Increases targeting protected classes are illegal
When You Can Challenge an Increase
Certain situations give you legal grounds to challenge a rent increase.
- Increase during fixed-term lease without contract provision
- Insufficient notice period given
- Increase exceeds rent control limits
- Retaliatory increase after you filed a complaint
- Discriminatory increase based on protected status
- Required services or amenities reduced without rent decrease
- Habitability issues landlord has not addressed
Negotiation Strategies
Even when an increase is legal, you may be able to negotiate better terms.
- Research comparable rents in your area
- Highlight your positive rental history (on-time payments, long tenure)
- Offer to sign a longer lease in exchange for lower increase
- Point out any property issues affecting value
- Ask about smaller increase phased over time
- Propose taking on minor maintenance responsibilities
- Consider timing - landlords may negotiate to avoid turnover
Rent Control Protections
If you live in a rent-controlled area, you may have additional protections.
- California: Many cities have rent control ordinances
- New York: Rent stabilization in NYC limits increases
- Oregon: Statewide rent control limits increases to 7% + CPI
- Some cities require landlord registration
- You may be able to petition rent board for relief
- Landlords may need to justify increases above the cap
- Check if your specific unit type is covered
Your Options When Increase is Legal
If the increase is legal and you cannot negotiate, you have several choices.
- Accept the increase and continue renting
- Accept but document your disagreement in writing
- Decline and give proper move-out notice
- Request time extension to find new housing
- Look into rental assistance programs
- Consider roommates to share increased costs
- Check if you qualify for any housing subsidies
Frequently Asked Questions
If you simply refuse to pay the increased rent without moving out, your landlord can begin eviction proceedings for non-payment once your lease term ends. Your options are to negotiate, challenge if illegal, accept, or move out with proper notice.
A retaliatory increase is one imposed because you exercised a legal right, such as requesting repairs, reporting code violations, or joining a tenant union. Most states prohibit retaliatory actions within 6-12 months of protected activity.
Major cities with rent control include New York City, San Francisco, Los Angeles, Washington DC, and parts of New Jersey. Oregon has statewide rent control. Contact your local housing authority or tenant rights organization to check your specific area.
No. This would likely be considered retaliation and is illegal in most states. Document your complaints and the timing of the rent increase. You may have grounds to challenge the increase or file a complaint with housing authorities.
If proper notice was not given, the increase is typically not valid. You can pay the original rent amount until proper notice has been given and the required time period has passed. Document everything in writing.
Calculate Your Rent Increase Impact
See how the rent increase affects your budget and affordability.
Rent Affordability Calculator