Leasing and Rent Control 101

What exactly is rent control, and where can you find one? We will address these questions and help renters and landlords understand rent control.

What you will discover:

What Exactly Is Rent Control?
Where Can You Find Rent Control?
Can a Landlord Evict a Tenant Under a Rent-Controlled Lease?
Where Can You Find More Details?

What Exactly Is Rent Control?

Rent control restricts how much a landlord may charge for renting an apartment or other kind of residential accommodation. Rent control may apply solely to the present renter or to the current tenant and all future occupants of the rental property, depending on the relevant legislation.

after rent control only applies to the property’s current tenant, the landlord may raise the rental rate after the covered tenant’s contract ends and the tenant moves out.

If the existing renter and any future tenants are subject to rent control, the landlord must petition a rent-control board to increase rental rates. When setting the rental rate for any new rental lease agreements, the board considers the amount previously charged, as well as current operating and maintenance expenditures, property upgrades, and housing supply and demand.

Where Can You Find Rent Control?

Rent control is generally seen in cities with substantial tenant populations. Rent control is in effect in Los Angeles, New York City, Newark, Oakland, San Francisco, and San Jose, California, Maryland, New Jersey, New York, and Washington, D.C. Even if a city has rent control, not all of its rental properties will be rent regulated.

Rent control is becoming less popular, with landlords urging politicians to pass legislation prohibiting the practice.

Can a Landlord Evict a Tenant Under a Rent-Controlled Lease?

Yes. A landlord may only cancel rental lease agreements if there is “just cause” to do so. Eviction without fair reason is prohibited. Among the reasons are:

A important provision of the lease agreement was violated by the tenant.
Tenant conducts unlawful activities on the premises
Moving in with the landlord or a close family member
The proposed modification of the rental property would necessitate its vacancy.

The grounds for eviction and the processes involved differ by state and/or city, so check with your local government (or an attorney) if you have any concerns.

Where Can You Find More Details?

Rent regulation is still a very complicated problem that varies by state and locality. Contact your local municipal rent control board and the local renters’ group to learn more about rent control in your region. Rent control information is also available from the National Multi Housing Council.