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We were given notice on Nov 1 that the rates were going to increase for our apt. Our lease is up on Dec.8th. According to our lease we must give 60 days notice of intent to move. Our lease also states that the apt. mgmt. would give us a reminder notice of renewal no less that 5 days and not more than 3 months. We did not recieve any such notice. The complex was bought out and the new mgmt is saying that was not their responsibility to inform. We are trying to give notice because we cannot afford the new rates. They will not let us go with just a 30 day notice and are saying that we would have to pay 1100.00 for the month of december (currently 750.00). We are arguing with the new mgmt. saying that we were not informed in a timely fashion. Do we have any recourse?

2006-11-08 15:08:56 · 5 answers · asked by hank2006 1 in Business & Finance Renting & Real Estate

5 answers

check out this web link
www.thelandlordacademy.com.

You have not received any such notice as of yet as you had stated ....no less than 5 days which would be Dec. 3. They gave a 30 day notice as to the rent increase, although, looks like they would also give you the option to move out by Dec 8 with out penalty. But do not expect them to let you stay for the 750.00.

2006-11-08 15:32:03 · answer #1 · answered by Anonymous · 0 0

No less than five days means they can wait until December 3rd. Does your lease contain any provisions regarding rate increases and required notice of same? Is there no clause in your lease regarding the sale of the unit and the ability of the new owners to lay claim to your lease? If your lease is up on December 8th, and you must give 60 days notice of intent to move, how much notice must you give regarding non renewal. Usual leases have a clause that states after the end of the existing lease, unless you sign a new lease that it becomes a month to month lease. If that is the case, you would only need to give notice now to move out in January. If you were dumb enough to sign a lease that renews for a minimum of a year whether you sign it or not, then you probably have learned a very important lesson. I would approach apartment management about how they would feel if you found someone to move in at the end of your lease so you could get out and they could get rid of the headache that is you to them. Good Luck

2006-11-08 23:18:27 · answer #2 · answered by Ice 6 · 0 0

ok my grandmother is a landlord an i help her alot an as far an i know if u have a lease that you an the land lord both signed an it says that they will give u a reminder notice of renewal no less that 5 days and not more than 3 months an they did not then the lease is void. meaning that u can move out but u only have to give the 2 weeks notice thats by law at least in Louisiana...but also if ur lease is up an they want to chang the rent they can....if there are more apt. that they rent out they can not just go up on your rent they would have to go up on everyones rent after there lease is up also so if no ones rent is going up but yours then i would fight it!!!!

2006-11-08 23:18:55 · answer #3 · answered by xxsabrina_ladnerxx 1 · 0 0

Small-claims court will interpret your lease for you.

You say you can't afford it? Then move and don't pay it, and be prepared to accept the consequences. I am assuming you put some kind of security deposit down; in a dispute, they'll keep that unless/until the court tells them to pay it back to you.

Read up on small claims court in your state and find out how it works. Keep copies of everything, especially of your documentation of your efforts to work things out amicably with the new landlord. You're probably in a pretty strong position with your case because you at least gave them 30 days notice, and the rent increase sounds pretty outrageous.

2006-11-08 23:16:28 · answer #4 · answered by JackN 3 · 0 0

you shouldn't have to pay the higher rate for dec, but if you stay later then you will be required to pay the higher rent. i'd give notice now.

2006-11-08 23:21:20 · answer #5 · answered by Jessica T 3 · 0 0

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