What would you do if you were in my situation?

Question

I am renting an apartment for the last 6 years and always payed on time. The last 3 years I payed, direct from the bank, "month to month" because my job was unstable and I wanted to relocate quickly if I lost the job.
Well, I lost the job and I am ready to relocate. My landlord informed me (not in writing) that I can't move out before June 2007. He have me on a 12 month lease and I owe him 8 month back rent because the rent had increased.
This is the first time I am hearing of a rent increase and they want me to sign a new 12 month lease or I will have to pay more back rent. Can they do this? Please HELP!

Answer 1

Did you have a signed lease when you moved into the apartment 6 years ago? If so, find it and read what it says about rent increases and what happens at the end of the lease. Some state that the lease goes to a month to month and some state that it automatically renews for another year.

Next, a lot of cities have a housing authority or rent board or some other type of government entity that you can contact for help.

Third, ask him to show you where he notified you of the rent increases. Whatever you do, absolutely do not sign that new lease. If you do, you are going to be on the hook for another 12 months regardless but it sounds to me like this is a scam.

If you want to move, send him a written letter, preferbly registered mail, giving him a 30 day notice that you're moving. But before you do that, you need to find your original lease and make sure you haven't overlooked some detail in there like he can automatically renew your lease and automatically increase your rent every year or something.

And call your rent board or whoever controls landlord tenant issues in your area.

Answer 2

1. You need to check the local laws as the rules do vary by location (at least by state).

2. You also need to read the contract you last signed.

Most of the time after a contract expires the rental is assumed to be extended on a month to month basis but otherwise at the same terms as before.

You will also find information for how any rent increase has to be communicated. If the landlord did not communicate the increase correctly you likely will not owe the back rent. There may also be regulations for how much time can pass without the landlord taking action to collect a shortfall. Note that if correct notice was served you might actually owe the money for the shortfall so check the details.

I am a landlord. Tenants are not always right. As disputes are common the laws have evolved to be pretty clear. Start calling to get info and consider hiring a lawyer. There might be a tenant association in the area that can offer free legal advice.

Answer 3

As soon as your lease expires you automatically are considered a Month to month tenant and as one you must give 60 days notice minimum when you decide to move. This notice if given today would allow you to move out the end of April.

Any rental increase must be provided to you in notice by writing...no exception. You are still to be treated like a tenant who has a lease however so notices to move/evict or increase rent must still be provided to you. You should have received a notice in writing for every increase there may have been. Contact your Landlord and Tenant Association (should be listed in yellow pages) and ask them what the proper procedure is in this case.

Don't pay any back rent until you've checked with these people...also inform them that you've been month to month and have never received a written notice for this said increase. Don't sign a 12 month lease either, otherwise you'll be stuck or have to find someone to sublet which in itself can be a pain because the landlord has the right to refuse anyone you find.

If after presenting your information to the landlord, you are still having a problem with him...see if the Association can recommend a person to mediate for you. This will mean that someone with a good deal (hopefully) of knowledge regarding Tenancy Acts will deal with the landlord on your behalf...this may or may not come with a charge, you'll have to ask if you must pay for this mediation.

Do nothing yet on signing, paying etc and get all the info you can from the Tenancy Association (they can refer you further up the chain if necessary). If he was holding last months rent (when you moved in 6 years ago you paid first and last months rent), he would owe you interest on that money...if you've never received any interest payment from him, this amount is due to you. It could very well be enough to cover any back rent increases. Check that out as well.



Good luck hope it works out.

Answer 4

Your question is confusing..First ..Did you sign a lease for a year,two year, six year?..Lets assume you signed a lease six years ago for one year...And since then have not signed any other lease..If thats the case..Your a month to month tenant..Thirty days is all you need to give him in a certified letter..The rent increase reguardless of when you started to pay it or whatever has no bearing on anything...As long you payed the agree amount of rent,in the orginal lease or a signed document that you and landlord agreed to for rent increase your not oweing him anything..Just pay the rent,give him thirty days notice in writing,and relocate..I'am a landlord and im sure of this..It all depends on what lease you signed up until now,did it expire and are you simply a month to month tenant..This is what I know for new york state...

Answer 5

First off notify him in a certified letter that you are moving out within the next 30 days. If you have a lease read it carefully and see if there was a rent increase. You have to be notified in writing for a rent increase. If there was you have to pay that, but no way can they make you pay more money they what you have agreed to pay before hand. Remember a lease if both ways, you had to sign it and the landlord had to sign it. If you didn't he has no right to make you pay anything.

Answer 6

Much of the answer depends on your contract. If however, the contract requires that you be notified of rental increases and the landlord cannot prove he/she provided such notice, you may be safe to leave. I suggest you have your contract reviewed by an attorney. If you cannot afford one, consult a rental rights commission or agency in your area. These organizations can review rental agreements free for tenants. To find such an organization, go to google or other search engine and type in "Tenants Rights" and the location name for where you are.

In our rental agreements, we include a clause requiring notice be given before a rental increase. We require tenants to sign the notice before their lease expires. If we cannot reach the tenant, we send a certified letter, and if the lease expires before the tenant signs, we will not renew the lease.

Answer 7

Very unlikely if you have not received notice in writing. Tell him to go screw himself unless he has proof you were informed of the increase. And clear this up for me how can he have you on a 12 month lease? did you agree to consecutive 12 month terms orriginally. If he claims you oked any of this ask to see paperwork supporting his claims if he cannot pay your rent up the end of the month you occupy and move....your the only one knowing if you are pretending not to have received notice so no sense lying about it if you are...Lets

Answer 8

DO NOT sign that lease. Inform him in writing via certified mail that you will be moving out in 30 days. If he chooses to pursue the matter further he will have to prove that he notified you of the rental increase. Good luck!