Can a landlord ask to pay $100. extra each month plus the rent increase if you want to rent month to month?

Question

We plan on moving out when our lease is up in Oct.06,we never received a new lease to sign,but the landlord said they sent it and now is telling us we can rent month to month until we move and pay more money each month up to 4 to 6 months. I never rented before so I really don't understand any of this,also this was not in our original lease for 12mos. It only states you can rent month to month but it does not say anything about an increase of $100. or any amount for that fact,which I expected the rent to go up, but $100. plus the rent increase they are asking for according to my spouse. I have not talked to them yet but I will.

Answer 1

Month to month renting usually cost more. Any rent increase would have been on the renewal lease, which you did not receive. When did you give notice regarding your intend to move? Usually renewal leases are sent 60 or 30 days before your lease ends.

Your lease should state that you will have to be given 60 or 30 days notice regarding rate changes and that if you do not give notice the lease will continue on a month-to-month basis. Once you receive notification of a rate increase you have 7 days to respond if you dispute it.
(Check your lease again for this information it should be in your lease - if not consult an attorney)

Document in a letter when you gave them notice of your intent to move, how and when you found out about a rate increase and whether you would like to continue on a month-to-month basis. State that since you were not given timely notice regarding a rate increase that you will pay the month-to-month rate only.
Address this letter to the apt manager and send it certified mail or if you hand deliver it, get the person in the office to sign and date a duplicate copy for your records.

FYI - Your original lease could have been at a reduced rate or with some type of special if it was for 12 months. Most apartments offer reduced rates if you sign a 1 year lease.

If it is possible, Move!
Best Wishes!!

Answer 2

I live in NJ and from looking at your other posts, it appears you are in NJ also.

They can ask, but you sure as hell don't have to agree.

Landlords are allowed to raise the rent periodically, and usually do at the end of a lease.

In some places, increases are limited by rent control laws and local ordinances. In other places by market rents. And the number of increases are usually limited also. Where I live, under no circumstances can the rent be raised more than once per year.

You can refuse to pay an increase and have a Judge decide if it is conscionable or not. Pay your regular rent but not the increase, and when the landlord takes you to court, explain the situation and let the Judge decide if the rent hike is too high.

Do NOT pay the rent increase if it is too high. If you pay the new amount even once, it is considered acceptance of the new terms and you give up your right to challenge it.

You aren't at their absolute mercy, no matter what they may want you to think.

NJ law is very specific about notices, lease renewals and the like. It sounds as if your landlords notice was defective, and if it is defective, it is not effective. You must be properly served or your landlord is SOL.

Even if he properly served you today (Sept. 1st), under NJ law a valid increase would not be effective until November. NJ has FULL calender month not "30 days" notice. If you are even 5 minutes into a month, the notice date turns into the first day of the next month, and the effective date is the first day of the month following the notice date.

"Like it or leave" does not apply to any tenant that is covered under the Anti-Eviction statute in NJ. Unless you live in a two or three family that is owner occupied, you are covered under the Act.

Answer 3

In most jurisdictions, once the lease is up, the landlord is free to raise the rent as much as he or she wants to. The lease is over and done with for the most part. The only provisions that still apply are the move-out notice and the security deposit procedures.

Fact is, the landlord could raise the rent every month if he wanted to. Your only options are: Negotiate a new lease, pay the increased rent and stay on month-to-month, or give your 30 days notice and move out now.

Answer 4

I am a landlord and I am also a big time dog lover. I have a tenant right now that has a GSD and I don't charge him extra rent but I do charge an extra pet deposit of $500 when they move in to cover any damage. I had a tenant who had a husky puppy that did BIG time damage to a condo I had. I was also trying to sell it and didn't find out about some of the damage til a realtor that was showing the place told me about it. The property was out of state. The only person I would let have a dog or cat from now on in a property that I own is the guy that has the GSD because of bad bad experiences I've had with pet owners in the past. People can be such PIGS and having an animal in the house doesn't really make things any better.

Answer 5

With 30 or more days of notice, whichever is required by your original lease, your landlord can up the rent once it goes to month-to-month. The choice is to pay it or move out.

Answer 6

First off I say you should have some legal ground to stand on being as they said they sent you the lease which you didn't recieve yet failed to notify you by some other means like by phone and I'd consult a lawyer. As for month to month rental, based on where I live, they can raise the rent each month if they choose too, but I'm shocked at $100.00 a month, that screams rip off. Once again I'd suggest a lawyer.

Answer 7

first off it is more to live month to month second you have to at least give a 30 to 60 day notice... depending on wht it says in your lease..(look real good its there) im not sure bout the hundred extra i dont think thats legal...you should check the aparment associations for your rights ..its called renters rights you can even look it up on the internet..but you must give a written notice your moving i know this because i learned the hard way..(keep the orginal give them a copy signed and dated).hope everything works out..

Answer 8

If he asks to pay a hundred plus the increase each month...let him.
I guess you meant ask YOU to do so. You didn't ask that though, did you?
Judgeing by your avatar you must live in a city. Most, if not all cities have rent control guidelines so you should be asking the appropriate city or state department your question.Good luck.

Answer 9

Once your lease is up, the terms for continuing to rent are up for negotiation. If you do not like the terms being offered, find a new place to live when your lease is up.

Answer 10

Unless you have signed a new contract, they cannot charge you more, But if you do not agree to their terms, they can ask you to move out if there is a clause in your rental agreement that allows them to do this. Check with your state government about renter's rights.