Can you refuse to have your rent up?
If your landlord calls you or sends you an SMS or WhatsApp or face or burofax announcing an increase in your rent, can you refuse? Here is the answer
When the tenant receives phone call, sms, whatsapp, letter or burofax from his landlord announcing that he will raise the rent, after the scare, the first question is: Do I have to pay that rise?
Since the regulations on urban leases are excessively lush, we will try to distinguish between the most common cases in which it is necessary to accept and pay and those in which the tenant can refuse, at least in the terms in which it is required. that rise.
Yes or no
When can you deny
1.- When the landlord announces that rise by means of which there is no record, for example a telephone call. The communications by digital means can be valid if the one who sends them can accredit the reception of the one that receives them.
2.- When the one that communicates that rise is not the own landlord or person with sufficient power of the same one. The communication made by the real estate or similar will not be valid unless it has the power to represent the landlord.
3. - When the landlord intends at any time of the term of the contract to raise the rent based on the fact that the rent takes a long time and the market prices in the area have risen.
4.- When the landlord intends to collect, retroactively or with a wrong calculation, the arrears of the IPC update.
5.- When, in the case of a contract subscribed after April 1, 2015, the landlord intends to apply the CPI and does not appear in the contract the update agreement.
When you can NOT deny
1.- When the landlord has notified in good time and in a reliable manner the will to terminate the contract for exhaustion of its duration and intends to extend that lease. In this case the rent increase is not subject to any limitations.
2.- When the landlord communicates in a reliable way the updating of the rent in each annuity of the contract, correctly calculating its amount according to the CPI or the system agreed in the contract, although to make this calculation accumulate periods prior to the last year, starting from the CPI initial or the last update made.
If the tenant considers that he does not have to pay the required renovation and the landlord refuses to receive the payments in the previous amount, it is obligatory to proceed with the judicial appropriation of those rents, to avoid an eviction due to non-payment, in which I could invoke the disagreement with the update.