Rent Increase: what is allowed

simple question which I can't seem to find an answer to. Our rent is increasing Jan 1st by 4,5% Usually I wouldn't think twice about this but the landlady is trying to pull a fast one by backdating the rent increase to the day we moved in. So I need to know how much she is allowed to increase the rent. I know it has to do with the IPC.I found a website which calculates how much your rent should increase but it only goes to Dec and the rate changes each month. Over the past year it's been as low as 2% and as high as 4,5 quite a diffence when your paying a grand a month

http://www.ine.es/calcula/

thanks

Do you have a contract ? If so I don't think she can increase your rent until you make a new contract

she's allowed to increase the rent but only the IPC.

I take it you have a vivienda contact, if so its on the anniversary of the contract she increases it by the IPC rate on that month. It cannot be backdated to when you first started the contract and its changed each year.

If she creates too much hassle, tell her you will denounce her for harrassment - even a letter from her can be cunstued as such un er Spanish law (very strict)

I'm going to send her a letter saying that the IPC for November is 2,4% which unless she shows me different is all she can raise the rent

rob

And make sure you pay that into her account - she cannot argue anything as long as you are paying and I doubt she will be bothered to take you to court!

Gwm:

Stablishment of rent amounts is on a free basis.

The legal increase of the rent depend on the kind of contract that you have.

For home rentals, there is a maximum during the first five years which is the IPC ( Indice de Precios de Consumo: CPI in English) and there is freedom of rent price once those years have passed. 

Once those five years pass, rent is based on what parties freely agree.

No maximums are legally set for non-home rentals or seasonal rentals.

The increase of rent price cannot be sudden and random.

Hope this helps!

Maria

I did some checking into it and you can't increase the rent retroactively, so we sent her a letter stating such. She can raise the rent Jan 1st which is reasonable.

 As an aside I was reading on the web that the Government is planning on making it much easier to kick tenants out for non payment of rent, which at first seems odd since people are renting now rather than buying. But I guess the idea is to bring back on the rental market 1000s of empty units that landlords are afraid to rent out due to strong tenant laws.

This message was last edited by Rob in Madrid on 12/20/2008.