Dallas - Month to Month - Can apartment change price with no notice?!?

Question

In Dallas, TX - Going month to month until the 60 days from our notice to move is up.

When signing the notice at the office, was told that the rent was the amount on our lease minus the 'concessions', about $150 more than the rent previously. I paid this on the 28th of last month.

Now they're saying that I owe more than this amount. Is this legal for them to do? Do I have any recourse?

Belle2112 - Could you explain more? It states on my lease contract that 'This lease will automatically renew month-to-month unless either party gives at least 60 days written notice of termination or intent to move-out as required by paragraph 37."

It later states that I owe a certain amount for rent, with 'concessions'. I paid that full amount.

If there's nothing else about month-to-month, can they still shift rates?

Answer 1

Yes, they are supposed to give you written notice of the change of terms (rent) - usually 30 days prior to the effective date.

Here's a website with information re: landlord-tenant law in Texas:
http://www.thelpa.com/lpa/landlord-tenant-law/texas-landlord-tenant-law.html
and
http://www.oag.state.tx.us/AG_Publications/txts/tenant.shtml

Answer 2

In most places it seems there would be 30 days notice on it and not last minute while you're paying "Oh it's more this month". You still have a lease and rights under that lease assuming you signed a lease and it's not just an oral agreement. If you just have an oral agreement, that makes it tough. Always have a written agreement, Always..even with family.

Two places you can call are the state's Real Estate commission or the Fair Housing Authority and find your answer from a professional.

Answer 3

First you should check your lease for the month to month ("MTM") clause or addendum. If you don't find this clause then go to the Leasing Office and ask them to show you where in the lease that you signed it stiputlates the MTM provisions.

Typically you will have to pay full market rent (i.e. no benefit of any concessions) + a monthly premium of about $100 +. Full market rent can change as often as daily with properties that use Price Optimizer.

Answer 4

They must give you at least 30 days notice to increase the rent. Notice must also span one full rental period. Therefore notice given to you today for a rent increase would be effective on December 1st.

Answer 5

For them to raise it, they would have to notify you in advance with a period depending on you state. I don't know TX law, but I'm pretty sure they can't just raise it on you whenever. Consult a local law office or TX state regulations on renting.

Answer 6

No recourse and it is legal. It is the price you pay for the flexibility of going to a month to month lease