To notify a tenant of a rent increase, deliver a written notice that states the current rent, the new rent, and the date the new amount takes effect, and get it into the tenant’s hands far enough in advance to meet your jurisdiction’s minimum, generally somewhere between 30 and 90 days. A phone call, text, or verbal conversation does not count anywhere. Getting the timing or delivery wrong can void the increase and leave you stuck at the old rate until you start over.
First, Check Whether You Can Raise Rent Yet
Your ability to raise rent depends on the tenancy in place. A fixed-term lease locks the rent for both sides until the term ends. You generally cannot raise it mid-term unless the lease itself contains a clause allowing adjustments under specific conditions, such as a built-in annual escalation tied to operating costs. Without that clause, wait for renewal and treat the increase as part of the new terms.
Month-to-month tenancies renew each month, so you can adjust the rent with proper written notice at any time. The trade-off: the tenant can also leave on the same short notice, so an aggressive increase carries vacancy risk.
What to Put in the Notice
The notice has to be specific enough that there is no ambiguity about what is changing or when. At a minimum, include:
- The current monthly rent amount.
- The new rent amount. Stating both makes the dollar change obvious.
- The effective date. This is the date the clock runs to when checking whether you gave enough advance notice.
- The full property address, including unit number if applicable.
- The name of each tenant on the lease.
- Your name and contact information so the tenant knows who sent it and how to reach you.
A brief reason for the increase (rising property taxes, insurance, maintenance costs) is not legally required in most places, but tenants who understand the “why” tend to push back less. It costs nothing to add a sentence.
How Much Advance Notice You Have to Give
Notice periods vary by jurisdiction, and most fall into a 30-to-90-day range. The exact number often depends on how long the tenant has been in the unit or the size of the increase:
- 30 days is the most common minimum for month-to-month tenancies under a year, or for smaller increases.
- 60 days is required in many jurisdictions once the tenancy passes a year.
- 90 days can be triggered by longer tenancies (two years or more) or by increases above a set percentage, such as more than 10% of the current rent.
These are legal minimums, not suggestions. If your jurisdiction requires 60 days and you give 45, the increase is invalid. The tenant can keep paying the old amount, and you have to start over with a fresh notice at the correct lead time. Count from the date the tenant receives the notice, not the date you send it.
Check your state or local landlord-tenant statute for the specific requirement. Some states tie the notice period to tenancy duration, others to the size of the increase, and a few use a flat number regardless. If your lease specifies a longer notice period than the statute, the lease controls.
How to Deliver the Notice
Delivery matters because if the tenant later disputes the increase, you need proof they received the notice on a specific date. The most reliable methods, in order:
- Certified mail with return receipt. The postal service tracks delivery and returns a signed receipt. This is the strongest paper trail and holds up in court.
- Hand-delivery with a signed acknowledgment. Handing the notice directly to the tenant works, but only if they sign and date a copy confirming receipt. Without that signature, it is your word against theirs.
- Posting on the door plus a mailed copy. Some jurisdictions allow this when the tenant cannot be reached in person, and it usually requires you to mail a copy the same day. Posting alone is rarely enough.
Email is increasingly common as a supplemental copy, but few jurisdictions accept it as the sole form of notice. Use it as a courtesy after you have already delivered the formal notice through one of the methods above. Keep everything: the notice itself, the certified mail receipt, any signed acknowledgment, and a log of when you sent or posted it. That documentation is your protection if the tenant later claims they never got notice.
If the Tenant Pushes Back
A rent increase notice is not a negotiation opener, though tenants sometimes treat it as one. For a month-to-month tenant, once you have delivered a valid, properly timed notice, the new rent takes effect on the stated date. The tenant can accept it, try to negotiate, or move out before the effective date. If they stay past the effective date without paying the new amount, you can begin the process for nonpayment the same way you would for any unpaid rent.
For a fixed-term tenant whose lease is expiring, your notice is effectively the terms of renewal. If the tenant does not agree to the new rate, they can decline to renew and move out when the lease ends. Neither side has to continue on terms they did not agree to.
Where landlords lose these disputes is trying to enforce an increase that was not properly noticed. If you cannot produce proof of timely, compliant delivery, most courts side with the tenant.
Situations Where the Standard Rules Are Not Enough
Rent Control or Rent Stabilization
A handful of states and over a hundred municipalities cap how much and how often you can raise rent. Local ordinances commonly tie the maximum annual increase to a percentage of the Consumer Price Index (often between 3% and 10%), allow only one increase per 12-month period, require you to file the proposed increase with a local rent board before it takes effect, or freeze increases during declared emergencies. When local rules conflict with state law, the stricter rule wins. Violating a cap can bring fines, mandatory rollbacks, and liability to the tenant, so confirm the local ordinance before sending anything.
Section 8 Tenants
If your tenant has a Housing Choice Voucher, you cannot simply notify the tenant. The increase has to go through the local Public Housing Agency first, with written notice to the PHA at least 60 days before the proposed change.1eCFR. 24 CFR Part 982 – Section 8 Tenant-Based Assistance The PHA runs a “rent reasonableness” comparison against similar unassisted units and can deny the increase. You also cannot raise the rent during the initial lease term; any increase has to take effect after that original period ends.2HUD Exchange. Are Owners Allowed to Request a Rent Increase During the Initial Lease Term Skipping the PHA approval step is a contract violation that can put your voucher participation at risk.
Discriminatory or Retaliatory Increases
The Fair Housing Act makes it illegal to discriminate in the terms of a rental, including rent, based on race, color, religion, sex, national origin, familial status, or disability.3Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing and Other Prohibited Practices A pattern of larger increases for tenants of a particular background is enough to trigger a complaint.
Most states also prohibit raising rent in retaliation against a tenant who exercised a legal right, such as filing a complaint with a housing inspector, reporting code violations, requesting required repairs, or joining a tenant organization. Many states presume any increase within a set window after such activity (often six months) is retaliatory, which shifts the burden to you to prove otherwise. A retaliatory increase can be voided, and in some states the landlord owes damages and attorney fees on top. If a tenant recently filed a complaint or exercised any legal right, talk to an attorney before sending an increase notice, even one that market conditions fully justify. The timing alone can be expensive to defend.