Landlord raises the rent 1 week before the lease is up. wtf?
Brew
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Registered User regular
I've been renting with my wife a second floor of a two-family house since last October, on a one year lease. My landlord lives on the first floor.
So two days ago, as I'm walking up the sairs after throwing out my garbage, my landlady stops me and say "Hi there, I'm going to be installing new windows in your apartment soon, also we should re-sign your lease since it's up at the end of this month, and by the way, I'm raising your rent by a hundred dollars."
My problem is not with the fact that she's trying to raise the rent but with the fact that it's 7 days before we have to re-sign. She asked me if I just want to move out and live off my security for the next month.
I looked in the lease I signed and there is a clause there that states to the effect of: "The Landlord must offer the Tenant this lease to re-sign at the end of the term unless there is a lawfully justifiable reason not to do so. If the Landlord wants to make reasonable changes to the terms of lease he must let the Tenant know at least 60 days in advance and the Tenant has 10 days to respond."
I think this means I can stay and she cannot kick me out and she needs to re-sign me for another 1 year lease. I'd rather not move out, considering this is such short notice, it's winter, I'm pretty comfortable in the apartment and my wife is due at the begining of January (yay, baby
)
The only thing that worries me is that I've heard that there are some exceptions to the regular Tenant protection laws if the landlord lives in the house and it's a small house. I live in New Jersey.
as I see it I have 3 options:
1. Find a place right now. Move out by the end of September. This would not be easy to do but I've looked around on craigslist and there are some places avialable in the area. The added benefit of this is that it would screw my current landlord over because she would have to pay me back my security deposit by the end of October and most likely would not be able to find a tenant for a month or two. (when I initally rented this aprtment it was on the market for at least 2 months before I took it)
2. Sign a lease for another year with the 100 increase. My finances can take it but... wtf, I don't want to pay more money especially since I think I was ambused.
3. Stay and argue my case with the contract in hand. I think I am in the right but if this thing escalates I'm not sure how to proceed. Do I get a lawyer involved or do I go to city hall? how do I enforce my contract? small claims court? how would I even start that? mmmm, maybe I can end up on Judge Judy's show!... ew.
Any advice PAers? Anyone been in a similar situation? Any familiarity with applicable laws?
Thanks for reading.
So two days ago, as I'm walking up the sairs after throwing out my garbage, my landlady stops me and say "Hi there, I'm going to be installing new windows in your apartment soon, also we should re-sign your lease since it's up at the end of this month, and by the way, I'm raising your rent by a hundred dollars."
My problem is not with the fact that she's trying to raise the rent but with the fact that it's 7 days before we have to re-sign. She asked me if I just want to move out and live off my security for the next month.
I looked in the lease I signed and there is a clause there that states to the effect of: "The Landlord must offer the Tenant this lease to re-sign at the end of the term unless there is a lawfully justifiable reason not to do so. If the Landlord wants to make reasonable changes to the terms of lease he must let the Tenant know at least 60 days in advance and the Tenant has 10 days to respond."
I think this means I can stay and she cannot kick me out and she needs to re-sign me for another 1 year lease. I'd rather not move out, considering this is such short notice, it's winter, I'm pretty comfortable in the apartment and my wife is due at the begining of January (yay, baby
)The only thing that worries me is that I've heard that there are some exceptions to the regular Tenant protection laws if the landlord lives in the house and it's a small house. I live in New Jersey.
as I see it I have 3 options:
1. Find a place right now. Move out by the end of September. This would not be easy to do but I've looked around on craigslist and there are some places avialable in the area. The added benefit of this is that it would screw my current landlord over because she would have to pay me back my security deposit by the end of October and most likely would not be able to find a tenant for a month or two. (when I initally rented this aprtment it was on the market for at least 2 months before I took it)
2. Sign a lease for another year with the 100 increase. My finances can take it but... wtf, I don't want to pay more money especially since I think I was ambused.
3. Stay and argue my case with the contract in hand. I think I am in the right but if this thing escalates I'm not sure how to proceed. Do I get a lawyer involved or do I go to city hall? how do I enforce my contract? small claims court? how would I even start that? mmmm, maybe I can end up on Judge Judy's show!... ew.
Any advice PAers? Anyone been in a similar situation? Any familiarity with applicable laws?
Thanks for reading.
1st ever "Penny-Arcade Hero Academy Tournament" Toilet Bowl Champion!
"You are a child of the universe, no less than the trees and the stars; you have a right to be here.
And whether or not it is clear to you, no doubt the universe is unfolding as it should."
"You are a child of the universe, no less than the trees and the stars; you have a right to be here.
And whether or not it is clear to you, no doubt the universe is unfolding as it should."
Brew on
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I'd be hard pressed to find a law that lets a landlord do that. But I'll look.
I'd do this, just not the escalate to a lawyer thing, and not argue either
If after that you still can't come to terms you like then I'd think about moving or lawyering.
Edit: He says it better V
Here.
You must be offered to re-sign.
Any changes must be proposed 60 days in advance.
Landlord is in violation of her own lease. Maybe she should read it more carefully next time.
Based on this, I'd say that you have the right to re-sign at the previous rent for the next year. If she wants to raise the rent she's going to have to give you more than a few days.
This. If that is what the lease says, then she cannot throw you out on the street at the end of the month. She has to first offer you a chance to re-sign, and if she wants to raise the rent has to give you 60 days notice. If she refuses to negotiate, what I would do is keep your rent money for each month that passes in a separate savings account so you can pay back rent when the whole thing works out.
Also, many communities have rent control laws that say you can only raise the rent by X% each year for the same tenants (this applies even if you sign a new year lease.) In DC that number is 10%.
If she presses the issue I suggest you talk to your local tenants rights association. They will be able to help you.
With that said, I'm not saying to just roll over and take it, but you have to decide if it's really worth it. I'd at least ask her to justify the increase. With our current landlord (leasing office), they send photocopies of recent news articles indicating why rents would be going up. With the current housing market (if you're in the US), I can't see them going up much at all.
Sign a new lease which states that your rent continue at the current rent for the first 2 months, and then increase by $100 for the remaining 10 months.
I'd be more concerned about the fact that the landlord is breaking her own lease. If you let this slide, what part of the legally-binding language will she decide doesn't apply to her next?
It's really simple: Dig out the lease and have a very nice conversation with the landlord saying, "Hi! I re-read my lease and, I'm sorry but you have to notify me of any changes sixty-days in advance. I'd love to resign, but I would ask that you follow the terms of the lease agreement as it was written and signed for, etc."
You don't have to make this into an antagonizing situation.
This isn't a "he-said-she-said" argument. There is a LEGALLY BINDING DOCUMENT stating that what the landlord is doing is against the lease. The landlord probably doesn't even realize that the clause is in there. Bring it to her attention and see what happens.
Yeah, Dollars to Doughnuts she had someone else work up the papers for her agreement. We've had tenants who didn't read the lease we offered them properly before signing. Then when they figure they can cut and run, leaving us with several months back-owed rent, our good lease papers smack them across the mouth and we get their stuff that was stored here served up on a silver platter until they pay what they owe.
NJ is very very on the side of the lessee and you need some damn good paperwork to get the state on your side.
I think what I am going to do Monday is what The Crowning One suggested. I'll ask her to look at the lease and tell her that she agreed to offer the SAME lease in a year. I'll say it nicely and maybe I'll even offer to share my internet to offset her rising cost of living ( just as mine are going up as well, but whatever) and I think I can get a lease with no rent raise.
*sigh*
When we spoke two days ago she told me that she thought I knew that she would want to raise the rent. She put out the Advertisment for this place for 1100.
I went through a real estate agency to find the place and the real estate agent told me that the landlord is willing to lower the rent. I'm guessing the apratment was unoccupied for long enough that she wanted to rent it asap.
When I came back to the real estate agent a month and a half later and said I would rent if the price is $1000 per month the real estate agent said no problem, called the landlord, got an agreement, called me back the same day and said 'you got a deal'
Niether the landlord nor the real estate agent told me that the rent would go up in a year.
Landlord is trying to make this out like "oh I gave you a break because you're a young couple and I wanted to help you start off a life" which is BS.
If she thought I knew the rent was going up to 1100 she wouldn't have had to come and tell me that the rent is going up to 1100 a week before the lease is up!
Whole situation pisses me off because I have to leave for a week for work related trip at the begining of October. Now my pregnant wife is stuck in a house with a pissed off landlord...
Heh, there is also a clause in the lease that says the security deposit has to be put into a savings account while I live there and Landlord is to give the intrest accrued over the year to the Tenant at the time of re-signing of the contract. She was supposed to provide me with the information on which account that money was deposited one month after I moved in. I never got any info, but then again I never asked. I highly doubt that money is deposited anywhere.
"You are a child of the universe, no less than the trees and the stars; you have a right to be here.
And whether or not it is clear to you, no doubt the universe is unfolding as it should."
I just got a check for $23 from my landlord because of this. Woo.
So, basically you have her bent over a barrel on this one good sir. I wouldn't do any deals with her. In fact, you might want to start pressing those questions on her. It shouldn't be your problem that she's trying to screw you.
Being legally right and enforcing that on someone else does not always create the best situation. Especially when the person you are messing with is your landlord and your neighbor.
Thats all well and good, but some times you have to stand up for your rights, especially when they BOTH agreed by signing that lease that they would uphold the deal.
This isn't about niceties. If this situation were the other way around you can be sure that she'd be waiving that document in Brew's face.
A lease spells out the terms of the agreement. You fork out a huge load of money for a roof over your head, and when rain starts dripping in the lease is what makes it the landlord's responsibility to fix. By paying $12,000 over the course of the term, Brew is entitled to the benefits laid out in the document. One of these is the "reasonable notice of change in terms," which the landlord is now disregarding.
I mean, the next time the toilet breaks, is it okay for the landlord to make you call a plumber and pay for the parts and labor? No. Why not? Because it's in the lease.
Really. You don't screw around with the terms of a lease. Regardless if Brew can/will pay more, the landlord screwed up and cannot legally change the terms at this time.
If your landlord is going to retaliate or give you a bad attitude in any way for demanding that they adhere to the terms of their own contract, then it's time to find a new place to live.
A landlord-tenant arrangement is a business relationship and nothing more. Your landlord is neither your friend nor your gay lover and you have no responsibility to ingratiate them by letting them fuck you in the ass without lube.
Anyway, I have in the past caught a landlord violating not only the terms of the lease but also California law by not giving enough notice on rent. You know what I did? I sent a very nice, neutrally-worded, but firm letter via certified mail and also placed a duplicate copy on the landlord's office door ("mail and nail," in real estate parlance) that said basically this:
"I received your letter, dated July 20, informing me that you will be increasing my rent from $XXXX to $XXXX as of September 1. I feel that we have a good tenant-landlord relationship and I am happy calling [Apartment Complex Name] my home. However, it is both my right and my responsibility as a tenant to inform you that both California law and the lease agreement I signed with your property management firm specify that I must be informed at least 60 days in advance for any rent increases over 10%. Since the notified rent increase represents a 12% increase, I will be happy to provide the new rent amount starting on September 18, 60 days from the date of your notice. Accordingly, on September 1, I will provide a rent check in the amount of $XXXX, which constitutes prorated rent at the old rate from September 1 - September 17, plus prorated rent at the new rate for September 18 - September 30. I believe that this arrangement will properly reflect both my rights as a tenant and your business interests as my landlord."
They went for it, and I never heard one negative peep out of them. I stayed at that apartment for a year after that minor incident and everything was perfectly fine.
the "no true scotch man" fallacy.
#1. I wouldn't press on the security deposit letter issue. It is tangential to what you're trying to accomplish here. Basically laws in every state require that landlords do this. Very infrequently have I had a landlord who does it.
#2. Regardless of whether she wanted to be a nice person by offering you $100 discount on rent for a year, if your lease says that your rent is $1000, then that's what it is. And if the lease says she needs to give you 60 days notice before increasing it, then you can inform her that you will begin paying that amount in 60 days. It isn't unreasonable for a landlord to raise rent. It is unreasonable for her to violate the terms of her own lease. She cannot say that she "thought you knew" rent was going to increase based on the deal you worked out a year ago. Honestly, her mentioning it to you in your conversation about the windows is hardly notice of rent increase.
#3. Do not work out a "compromise." There is no compromise. She needs to follow the law. You can inform her (via a letter) that you will begin paying the new rent amount (prorated) 60 days from the day she told you.
Feral has the right idea.
Seriously, it says it in your damn LEASE. There's nothing I can say that everybody here hasn't already.. But don't let her manipulate you. She didn't 'think you knew', she just 'forgot to inform' in the legal time available.
Be Nice.
Wherever you go with this, the little extra effort will be worth it.
I've been one of the strongest proponents of the 'eff her' approach, but I want to make clear that while she is in the wrong it is never the wrong approach to treat another with respect and courtesy. While she is incorrect and in breach of the lease, you don't have to be confrontational about it. The lease should speak for itself, and this should be a learning experience for her.
Read the original post, next time. The lease includes provisions for its own expiration.
You and your landlord, unless you have become actual friends, are in a business relationship as Feral had stated. You are both getting something out of the deal that's beneficial and that's about it.
I would both inform the landlord that the lease does state you need 60 days advance notice about an increase in rent and look for other places to live. It never hurts to have options if you have time to look for other places.
Otherwise, good luck with this. If you have nothing in writing from the landlord about a rent increase, you should be able to sign the lease offer at the last year's rent.
As always, keep copies of everything in writing when doing business. It may be very usefu later on.
You aren't going to get another whole year at 1000 out of her.
I host a podcast about movies.
she started off with saying that 1100 is the rent she wants and she feels that it's fair.
I pulled out the contract and read to her:
"27. RENEWAL OF LEASE: The Tenant must be offered a rnewal of this Lease by the Landlord, unless the Landlord has good cause not to do so under applicable law. Reasonable changes may be included in the renwal of Lease. Not less than 60 days before the expiration of the Terom of this Lease, the Landlord shall notifiy the Tenant of the proposed termse for the renewal Lease. Within 10 days after the Tenant receives the Landlord's renewal notice, Tenant shall notify Landlord Whether Tenenat accepts or rejects the proposed renewal Lease. If the Tenant des not notify th eLandlord of Tenant's acceptance, then the Landlord's proposal shallbe considered to have been rejected. If the Tenant does not accept the renewal Lease, the Tenant must vacate the Property at the end of the Term."
The discussion that followed was long and very frustrating. She agreed that she was at fault and she was sorry and she will take responsibility but she cannot not raise my rent. Her financial situation is that she needs another 100 in the rent.
She brought up taxes going up, insurance going up, heating cost and all kinds of things. I said those things are really not my fault and it's not fair to burden me with that. She had a chance to raise the rent and she did not.
She said she did not read the Lease and that she did not know this...
we went back and forth for a long time. she offered to let me stay month to month for 1100 until i want to move out. I said I don't want that and I don't want to move out in 2 months when my wife is about to give birth! I want the same lease for one more year. She said she cannot do that.
It was a very circular conversation and I was really getting nowhere.
I said I have to leave for my work on Tueasday and I am not coming back till the 8th. I want some sort of a solution now.
She said she needs to talk to her lawyer and the real estate broker that we used to get this lease.
She said I dont have to pay her rent, I can pay her when I come back.
I'm fairly certain the lawyer and the real estate broker will say the same thing as I do but I'm worried that if I wait until the 8th I will default on some of the clauses from the lease. Ex: "We didn't sign the same lease on Oct 1st so now we got a new lease for you and screw you..."
I think I will give her the 1000 check on monday to cover October so that she cannot say I haven't paid and I'll wait.
It seems like the wrong thing to do now... I dont know why I should let her consult anyone but what else can I do?
I gotta find me a lawyer and consult about this stuff myself... I guess monday I will have to do that.
Anyone know if there is an agency that will help or at least advise me on this?
I don't want to pay lawyers fees... If I end up giving a lawyer 2000 to save myself 1200 over the course of a year then I'm a real asshole.
I'm really frustrated right now.
"You are a child of the universe, no less than the trees and the stars; you have a right to be here.
And whether or not it is clear to you, no doubt the universe is unfolding as it should."
My understaning is that we entered into a contract for a year. she has to offer me the same contract (same amount of rent due, same time period, same resposibilietes, no pets, landlord pays heat hot water, tenant pays electricity and gas, ect) when it expires unless she notifies me 60 days before the end of the contract.
as far as changing the contract mid-lease:
"32. ENTIRE AGREEMENT: This Lease contains the entire agreement of the Landlord and Tenant. No representations have been made bt the Landlord or its real estate broker or agens except as set forth in this Lease. This Lease can only be changed in writing by agreement signed by both the Landlord and Tenant."
I'm certainly not going to agree to a rent raise, in writing no less...
i don't see anything in the contract specifically relevant to rent raises other than point 27 which i typed here before.
"You are a child of the universe, no less than the trees and the stars; you have a right to be here.
And whether or not it is clear to you, no doubt the universe is unfolding as it should."
Also,
What town in NJ do you live? Describe the building in which you live. If your town has rent control she might not be able to legally raise the rent as much as $100 which is 10% of what you were paying. Jersey City only allows a cost of living increase of 4% for example, and any increase in excess would have to fall under a hardship increase or a capital improvement increase. However, this also depends on the type of building you're in.
Also, realize that your landlord is not your friend. Don't worry too much about staying on her good side. It's not as if she can cut off your heat/power or refuse to fix things in your apartment if you piss her off.
She may be attempting to stall you out until the lease expires, before rewriting it for the next year at the increased cost. She has to give you a chance to re-sign so MAKE HER SIGN THE DOCUMENT AS IT STATES SHE MUST IN THE CONTRACT.
Here's my bogus suggestion: Threaten that you'll call the police for a landlord/tenant dispute unless she adheres to the terms of the lease that she effing wrote. In fact, if she refuses to sign anything go ahead and call the non-emergency line to get someone down here. The threat coupled with an insistence that she follow her own agreement should do the trick.
I'm going to repeat that you need to sign that lease now, before the turn of the month. Point out to her that the lease states so. If you feel so kind, let her know that you can negotiate a new lease in six months, but only once the two of you have signed the lease that she is legally obligated to sign.
Good luck. Get it signed.
I was down there saying exactly what you said, Crowning One. She said "I agree with everthing you say but i cannot not raise your rent." I can stand her until im blue in the face telling her that she is wrong for not offering it, that she agreed to the contract which states clearly that she has to let me re-sign the same contract and she'll agree with what i'm saying but won't offer the contract. it's like a stubborn child...
I'm planning on getting a lawyer, or at least lawyers advice on monday.
I can give police a call but what do they care about contract dispute between landlord and tenant?
I was thinking of drafting a letter for us to sign saying something to the effect "that due to her late notification I want the same contract which the lease states I am entitled to. I agree to let her consult her lawyer but in no way do i give up my right to get the same contract. attached is my check for 1000 which will cover Octobers rent. "
Also, now that I look on the contract I don't see any wording that says if she does not offer that lease to resign by the 1st of october then she does not have to offer it at all. as a matter of fact, because she does not offer me the lease she is further at fault. she never offered me anything in writing...
"You are a child of the universe, no less than the trees and the stars; you have a right to be here.
And whether or not it is clear to you, no doubt the universe is unfolding as it should."
I'm fairly certain the letter you are about to draft is not really a legally binding document (i.e. if this ever goes to court, a judge is not going to be bound by it in his/her ruling). However, it will probably add a good deal to your case, so you may actually want to date the document, make another copy, and have it sent via certified mail as well, already containing your signature. You may also want to include language which explicitly states that: 1) she has thus far been unable to produce a new lease for you to sign, 2) has yet to notify you in writing of any changes in the terms of the new lease, and 3) in light of the terms of last year's lease you are contuing your monthly payments of $1,000 (include a copy of the check for October at the bottom, just for kicks).
She is not required to offer you a new lease. She is only required to let you remain month-to-month, at the same terms as the original lease, and she can terminate the month-to-month lease with 60 days notice.
There is nothing you can do to compel her to offer you a new lease. By definition you cannot force someone to enter into a contract. Every state is different, but generally it is normal for a lease that has lapsed to convert automatically into a month-to-month lease, which contains the exact same terms as the former lease, except for the fact that there is no defined time period.
No, she can raise the rent at any time with 60 days notice. That's part of what you already agreed too. She's not bound to rent to you in perpetuity for 1000 a month. Point 27 doesn't say said notice and increase have to happen at the end of the year.
I host a podcast about movies.
Yeah, that's kind of what I was getting at in my post. If she wants to raise the rent, she can raise the rent. All fighting this is really going to do at best is get you 2 months of $1000 rent, with a year of a pissed off landlord who will find reasons to not renew your lease. At worst, she'll give you 60 days to vacate.
I host a podcast about movies.