Are duplex tenant rent increases proprotionate?

This is a discussion on Are duplex tenant rent increases proprotionate? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; (live in VA) I rent the main floor of a house; another tenant rents the upper floor. As my rent ...

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Old Apr 29th, 2008, 06:51 PM   #1
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Default Are duplex tenant rent increases proprotionate?

(live in VA) I rent the main floor of a house; another tenant rents the upper floor. As my rent increased this year, I wondered, or perhaps assumed, the upstairs tenant's rent would increase proportionately as well. I am not able to converse with him since he does not speak English; therefore, I am not able to ask him. My real question is: would it be considered discriminatory to increase one tenant and not the other? Are there any laws with respect to this? Just intuition, but I feel like I have carried too much weight with renting this house.
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Old Apr 30th, 2008, 11:50 AM   #2
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Default Re: Are duplex tenant rent increases proprotionate?

Let's try this again as my response got wiped.

This is a fair market economy. The LL is free to charge whatever price he wishes for rent, up to the limit where people will no longer pay that price. He can charge different prices for 2 identical units if he wishes. There are no laws (absent rent controlled areas and a few places that limit rent increases) that tell a LL what he may charge or how much he may increase his rent. I don't see where VA has either of these.

Unless you can prove you are being discriminated against (are you a member of a protected class per the Fair Housing Laws?) or are facing rent increases for retaliation (have you recently complained to the LL or a govt. agency about some issue, have you joined a tenant organization, have you exercised some right as a tenant he didn't like?), this is not illegal. There is no law to say you must charge a equal rent to all, or an equal rent increase to all.

Keep in mind the following facts:
First floor units frequently rent for a higher rent than upper level ones since people don't like stairs.
First floor units are usually larger (kitchens & LR) than upper floor ones in converted duplexes so they get higher rents for this reason too.
Tenants on government assistance programs may get reduced rents, even next door to tenants who pay full rent rates.
Rent increases can occur with little notice in VA because there is no state statute on the amount of notice required to raise rents.
Only rent control laws or a signed lease can protect you from rent increases.

Finally, to put it nicely, what you pay in rent has no bearing on what anyone else pays in rent. Do you go into a car lot and demand to know what the last person paid for his car? Do you go to a yard sale and ask what the last person paid for the jeans they bought? You can't go into a store and demand they lower prices to meet the store down the street (except at Wally World). Each paid whatever was the listed price or what they negotiated.

If you don't like the rent price, you can do a detailed study of comparable unit in your are that are the same size, on the same floor, and have the same amenities and use this for information to ask the LL to lower the rent. You can ask for a lease so he can't raise the rent again until the lease ends. Or you can give written 30 day notice to vacate and move out. Thoise are your only options.
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Old May 2nd, 2008, 12:19 PM   #3
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Default Re: Are duplex tenant rent increases proprotionate?

Very helpful!! I am in virtually the same position.
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