Can my landlord raise my rent?

Question

I rent a condo but the owner hired a management company to handle everything so I deal with them directly and not her. Per the lease, I must give her 60 days notice if I am not going to renew my lease and she must give me the same. By July 1st (the date on which we would have to give notice to each other), I had not given notice vacate and neither had she, altho I left several messages to try to see what the situation was (management comp. is kind of incompetent). Today, I got a letter dated June 29th but postmarked and signed by her on July 5th, that said that she is going to renew but raising my rent by $75/month. Here's what I am thinking- the lease says that if neither of us gives the other notice then the lease will automatically renew "at the same terms and conditions as set forth in this lease." Since I didn't get the letter saying she was going to raise the rent until July 5th, I have a right to have the rent renewed at the original rate. Yes?

Answer 1

........................spock said it!
"while a court of law might rule the way you want if push came to shove, I guarantee that the management company and landlord will NOT renew you again thereafter."

I believe the Management Company is the guilty (or incompetent) party here, and if you did send a nice letter like above, the property management company will get you your next year at the same rate.
Expect a severe rate adjustment next year. Good question.

Answer 2

If you have a lease that states that and proof that her letter came late, then it would seem that you should have the right to rent at the lower price. I would ask them and see what they have to say or send them a registered/return receipt letter for proof and ask for a written answer. They have broken the lease or are trying to. The date on the letter doesn't matter, it's the postmark. It's her problem to notify you and so, my guess is, she needed to send the letter in a more timely manner. Don't let them buffalo you. A lease is a binding contract for both parties. The only concern I would have is whether or not a lease can automatically renew. Just because the two of you sign a paper, if it isn't legal, it isn't valid in a court of law. If you pull it off, you will be getting a letter from them the following year.

Answer 3

No, but you may have some small relief (I pretty much agree with financing_loans above - and I was a landlord myself for a long time). Since you didn't get the lease renewed you are now on a month to month lease. All other terms of your lease stay in effect. So, you still have to give 60 days notice if you want to move out (and they have to give 60 days notice for you to leave) but they can do this at any time - you do not have a lease that automatically renewed itself for a year, or whatever.

Now to raise the rent they still have to follow the original lease, and somewhere in there it probably says how much notice must be given to raise rent (maybe 60 days, maybe not). You got the letter July 5th, so if they need 60 days (or 30 days, or whatever) to raise your rent then the new rent won't kick in for awhile (so maybe your august rent would be at the old rate - check the lease and laws for your jurisdiction on this), but thats really the only relief you can get.

I assure you, they can raise your rent to whatever they want so long as the laws of your area are met, and they can also give you 60 days notice to vacate. You do not have a new lease, you have a month to month lease. (but one thing I disagree with financing on - although a new company took over the contract, all terms in it still stay in effect - unless you signed something new. they have to abide by the other terms of the contract, but it is now a month to month contract as I said)

Answer 4

while a court of law might rule the way you want if push came to shove, I guarantee that the managment company and landlord will NOT renew you again thereafter.

So, effectively, the landlord made you an offer on July 5th to renew fo rthe same period [you didn't say how long] at $75 a month more.

Surely, you should be allowed some time to consider and either accept or reject the new offer, so I'd say the 15th is an effective date for you to either accept or reject.

What I'd ask for is that the $75 will become effective Sept. 15th [2 months after the decision date] and that your rent for the first 15 days of September will be at the old rate.

If you do decide to move out -- tell them by the 15th and then refuse to pay more than the old rate. Might be they'll try and deduct the extra 37.50 from your deposit and might be they'd lose in small claims court, too -- after all, they did miss the agreed date.

Btw, ask the landlord directly for the date extension -- people are often more accomodating than hired management.

GL

Answer 5

It seems to me like she missed the deadline and that your new terms aren't valid unless you agree to them. Because the notice she gave you was postmarked on the 5th of July, she blew deadline and you have a reasonable expectation that after the first of July passes without notice that your terms and conditions will remain the same.

Her problem and your saving graze is that the letter was postmarked after the first. If you are going to try an make a case then you should definitely keep both the letter and the envelope showing how the landlord missed the deadline and therefore by the terms of your lease your rent cannot be raised.

This is an interesting caveat in your lease
"the lease says that if neither of us gives the other notice then the lease will automatically renew"

Does that mean it renews for another year or transitions to month to month. My interpretation is that it would be for another year under the old leasing agreement. If you would be going month to month then she has to give you 30 days notice of her raising the rent.

Answer 6

According to the terms you stated, if July 1 was the date for notice to be given, and the letter was not dated and signed until July 5, then she did not give notice of the rent increase in time. The terms and conditions should remain the same.

I would draft a letter. Basically thank them for the communication.

"You know that I am very carfeul to be a good leasee and try to follow the agreement to the best of my ability. I am happy to see you have given no notice by 1 July to change the terms and conditions of my lease, and I am happy to confirm that according to the provisions in the lease that any changes in the terms of this lease must be made by 1 July, I will be happy to continue leasing under the prior lease rate and conditions."

Warmest Regards

blah blah

Good Luck!

Answer 7

No, you don't. She is giving you notice of the rent increase and you aren't on a lease anymore so she can change the terms. Everything else will be in effect. If you got it after the 1st you can probably make a reasonable case not to pay the increase until next month.

Answer 8

No you would be wrong.

Your lease will go month to month if nobody changed it, so now they can techically raise it $75 dollars a month if they wanted too. You can pay it or move out.

You are now on month to month now since you didnt renew your lease. They could raise it $1,000 a month if they wanted too. They just have to give you 30 days you accept it or you can move out.

Check your lease I cant believe it doesnt allow them to raise prices for whatever reason. And stay within the lease.


Sorry thats just the truth.


*********** UPDATE ***********

Im getting thumbs downs and thats okay because im telling you the truth. A management company took your house over. Check your contract, there will be a verse that changes the rules. Trust me it going to somebody else change your rights totally. I dont care that im getting thumbs down.

YOU WONT WIN!!!!

Im sorry but for these people to say you have a case when you dont is a joke. They are idiots.

Answer 9

I would agree with you. I would think it has to go by the postmark definitely! I doesn't matter when it was dated, it is the postmark that counts. There are attorneys that handle just that sort of thing. You will probably tick her off and down the road she may try to find some little something to evict you. So make sure all your ducks are always in a row. Good luck, Let us know how you make out.

Answer 10

In most cases rent is only renewed at contract time..
That should be monthly or yearly.
Also at the time a new owner would take over.