I signed a 6 month lease with my landlord( it's an in-law in private house) and she decided to raise the rent 13% two months after I moved in. She sent me an email about that with no advance warning whatsoever.
Am I allowed to move out since she violated the lease terms?
Would she be able to sue me for remaining rent?
2007-02-13 00:19:48 · 15 answers · asked by agirl27 2 in Business & Finance ➔ Renting & Real Estate
If the lease has the rent amount specified (and most do) and no conditions stated under which it can be raised during the term of the lease, you would be within your right to not pay the increase, and if she insists, I believe you would be within your rights to consider her to have broken the lease, and you should be free to move.
2007-02-13 00:23:55 · answer #1 · answered by wizjp 7 · 2⤊ 0⤋
It has been a while since I did contract law but if you signed a lease then the rent should remain the same until the end of the lease period (6 months) and then the you landlord can increase.
However, if there was an indication that the rent at the start was lower for a reason eg building works going on or that she was giving you a break until you got some more cash then she can rightfully put the rent up. Providing the increase does not take it beyond what you normally expect to pay for a flat in that area.
If there was no idications that the rent would move I would just stay for the six months paying the lower rate. She can't evict you unless you break the rules of the lease. I would hold back on the last months rent though if you have deposit.
If in doubt take the lease to your local CAB and they should be able to give advice.
John
2007-02-13 00:33:20 · answer #2 · answered by John D 3 · 1⤊ 0⤋
1
2017-01-20 14:18:34 · answer #3 · answered by ? 2 · 0⤊ 0⤋
I assume the lease didn't allow it?
The courts are crazy. If you up and move out, they might make you pay.
Print the email so you have a hard copy.
Ask her why. Does she not like your music? Are you eating too much? Are you parking in her petunias? Did she assume you would help with the chores and you're not? Did you assume she'd do all the cleaning, even cleaning up after you? Who does your laundry?
It's hard to combine households like this; probably you've both overlooked details that she has decided are worth 13%. Maybe she just was not prepared for the loss of privacy but didn't realize it.
Please try to find out what the problem is and compromise with her. She's family.
See if you can solve the problem amicably. Tell her you'll move out if she wants you to, but you'll need her permission to break the lease in writing, and you'll need at least 30 days to find a place. Be nice and polite. You do not want years of hard feelings over this.
Discuss it with other family members so they won't think you're just a jerk if you have to take it to the next level.
But if she simply will not be reasonable:
Then email her back, quoting the lease. Say you find the new rent too high, and if she insists on it, you will have to move out. You'll need at least 30 days, though, at the old lease rate, to give you time to find a new apartment. Also say that, since you care about her and she is unhappy with the lease she signed, you will not force her to comply with the terms. You just need a little time to move out.
Start looking NOW! Give yourself options.
2007-02-13 00:34:55 · answer #4 · answered by Maryfrances 5 · 0⤊ 0⤋
You really will have to read the lease terms VERY closely.
Any rented properties I have had in the past have had it explained in the lease whether or not the lease may be raised during the term of the agreements. MOST haven't but have stated that it was apt to change at the end of the term of the lease, some said it could be altered at any time and one actually stated that it was subject to an 'annual' increase and stated the month that that would happen in.
2007-02-13 00:32:37 · answer #5 · answered by pyrodragonblade 1 · 0⤊ 0⤋
Check the terms of the lease, does it say she can raise the rent whenever she wants?
But refuse to pay, and dont move out, let her evict you - you have a fixed term for a fixed rent (depending on what that lease says!). At the very least you are entitled to advance warning.
Id say she is in breach of Landlord and Tenant rules - if you are in the UK go to the Citizens Advice Bureau and get legal advice (its free).
2007-02-13 00:37:19 · answer #6 · answered by Helen C 4 · 0⤊ 0⤋
No, you can't move out, but legally you do not have to pay the higher rent if your lease states that the rent is set for the six month term.
The LL may be willing to let you move penalty free if they want the higher amount bad enough; they may even pay you!
2007-02-13 00:54:55 · answer #7 · answered by kingstubborn 6 · 0⤊ 0⤋
If you have a written lease you would need to read the terms of the lease, if not you have a she said she said deal so contact Judge Judy.
A person can always sue, however, they don't always win...
Good Luck,
2007-02-13 00:27:40 · answer #8 · answered by semi273hemi 4 · 1⤊ 0⤋
look in the phone book in the "gray" pages for housing rights or something to that extent and give them a call, I'm sure the laws vary from state. it sounds like you would be able to move because she violated the agreement, just be sure you have hard copies of the lease and any e-mails to prove your case need be.
2016-05-24 04:57:32 · answer #9 · answered by Anonymous · 0⤊ 0⤋
A RELATIVE did this to you? Print a hard copy of the email she sent you.
Look over your lease and make sure that rent increases are covered in the fine print.
2007-02-13 00:23:30 · answer #10 · answered by Anonymous · 1⤊ 0⤋