Bozman777 Posted May 8, 2007 Share Posted May 8, 2007 Hello Everyone. I received a call yesterday from my apartment manager informing me my rent is going up 220.00 a month because my lease has run out. It expired in Sept of 06 and they just now caught it. It has something to do with market value. I was informed of this after paying my normal amount of rent on the 1st. They say I have a balance of 220.00 on my account now even though I didnt sign anything or agree to anything. Can they just up my rent without a written agreement? Should I pay it? I just dont want to screw my credit up if I dont pay it. Thanx for any info. Link to comment Share on other sites More sharing options...
PleaseBlitz Posted May 8, 2007 Share Posted May 8, 2007 Hello Everyone. I received a call yesterday from my apartment manager informing me my rent is going up 220.00 a month because my lease has run out. It expired in Sept of 06 and they just now caught it. It has something to do with market value. I was informed of this after paying my normal amount of rent on the 1st. They say I have a balance of 220.00 on my account now even though I didnt sign anything or agree to anything. Can they just up my rent without a written agreement? Should I pay it? I just dont want to screw my credit up if I dont pay it. Thanx for any info. If your lease expired then there is nothing that is going to keep your rent at the old rate.......they can charge what they want. If you still havent signed a new lease, you can find another place and leave at your descretion. Link to comment Share on other sites More sharing options...
NOVA2Tampa Posted May 8, 2007 Share Posted May 8, 2007 Hello Everyone. I received a call yesterday from my apartment manager informing me my rent is going up 220.00 a month because my lease has run out. It expired in Sept of 06 and they just now caught it. It has something to do with market value. I was informed of this after paying my normal amount of rent on the 1st. They say I have a balance of 220.00 on my account now even though I didnt sign anything or agree to anything. Can they just up my rent without a written agreement? Should I pay it? I just dont want to screw my credit up if I dont pay it. Thanx for any info. Better read your original lease. See if there is a section pertaining to tenant hold over, or something like that. Either way, you may be able to negotiate the rent, depending on where you live. Link to comment Share on other sites More sharing options...
HOF44 Posted May 8, 2007 Share Posted May 8, 2007 It really is a question that you will have to look over your lease to tell the answer to. One of the properties our company owns is a 1000 unit apartment complex. We right into the lease a clause that states that at the end of the term the lease continues on a monthly basis with the same terms. One of those terms is a 60 day notice to vacate. We require it of the tenants and thus have to give them the same notice. So when we want to raise rent we send them a letter saying that in 60 days their rent will be "x" or they have to vacate the apt. by said date. So again it is very lease specific. Read yours over carefully. Link to comment Share on other sites More sharing options...
kramdizzle Posted May 8, 2007 Share Posted May 8, 2007 i agree with all of the above. go over you lease CAREFULLY. b/c you didnt sign anything you dont have to pay it to the best of my knowledge, just be prepared to find a new place to live b/c your ass is grass if you dont pay it. Link to comment Share on other sites More sharing options...
Bozman777 Posted May 8, 2007 Author Share Posted May 8, 2007 This is how the lease reads. Tenant shall give written notice to Landlord of tenants intention to surrender the residence at the expiration of the lease term. (didnt do that obviously) If written notice is not timely given tenant shall become a month to month tenant and all provisions of this lease will remain in full force and effect. Dont think I owe the extra money the way this reads! Link to comment Share on other sites More sharing options...
ChampSkinsFanatic Posted May 8, 2007 Share Posted May 8, 2007 I just want to know where you only pay 220.00 a month lol Link to comment Share on other sites More sharing options...
HOF44 Posted May 8, 2007 Share Posted May 8, 2007 If I were in your position I would offer to pay the new amount starting the next 1st it is due, after I was notified. See what they say. Link to comment Share on other sites More sharing options...
Predicto Posted May 8, 2007 Share Posted May 8, 2007 This is how the lease reads.Tenant shall give written notice to Landlord of tenants intention to surrender the residence at the expiration of the lease term. (didnt do that obviously) If written notice is not timely given tenant shall become a month to month tenant and all provisions of this lease will remain in full force and effect. Dont think I owe the extra money the way this reads! No, you don't "owe" the extra money. But you may have to move. The landlord can raise your rent, and if you don't want to pay it, you will have a month to get out. Unless you are in a rent controlled area, but there are only a few of these. Link to comment Share on other sites More sharing options...
CPortJGibbs89 Posted May 8, 2007 Share Posted May 8, 2007 I just want to know where you only pay 220.00 a month lolNot sure if your joking but he meant he has to pay an additional 220 a month on top of the previous rent for his new lease. Link to comment Share on other sites More sharing options...
Larry Posted May 8, 2007 Share Posted May 8, 2007 1) IANAL 2) As I read your lease, then you currently have a lease, which covers this month, at the amount stated in the lease. (And you've paid it.) If the landlord wants to change the rent, then he either needs for you to agree to the change, or he can inform you that he's kicking you out. (He's allowed to kick you out for no reason at all, including for your declining to voluntarily pay more rent.) Your lease will also specify what the procedures are for him kicking you out. It's likely that he's required to give you 30 days notice, in writing. It's possible that he can't kick you out (or change the rent) next month, either. (He may be able to give you 30 days from tomorrow, or he may have to give you 30 days before the end of the month. And it's possible that only a lawyer can tell you which applies.) All of that said, though, getting into a contest of urination with a landlord, especially when you're on month-to-month, may be a fight where, even if you're right, you don't want to fight. My suggestion is: You're not required to respond to him right now. Go get some information. Decide if you want to stay at the higher rent, or do you want to/are able to leave? If you want to stay, my position would be that the landlord can't retroactively raise your rent. (And he can't, and he knows it). But that you're willing to agree that he's now notified you of the increase, and that you're willing to begin paying it next month. (Then ask yourself, do you want a new lease, or do you want to continue month-to-month?) If you want out, tell him that no, you're choosing not to agree to his request that you modify your written contract. And give him notice of when you're leaving. ('Cause if you don't, then he'll likely just start shopping for a new tenant, and when he finds one, then you'll be receiving a 30 day notice from him.) Link to comment Share on other sites More sharing options...
Leonard Washington Posted May 8, 2007 Share Posted May 8, 2007 i thought, at least in md/va, your rent can only go up a certain percentage. i would also look that up as well as your current lease. Link to comment Share on other sites More sharing options...
HOF44 Posted May 8, 2007 Share Posted May 8, 2007 i thought, at least in md/va, your rent can only go up a certain percentage. i would also look that up as well as your current lease. Don't know about MD, but in VA that's not true unless you are in some kind of public housing. Link to comment Share on other sites More sharing options...
Ghost of Posted May 8, 2007 Share Posted May 8, 2007 I work in prop management and in our leases it states specifically that there is a month-to-month fee and (at least here.) Seems like they just caught that you weren't on lease but that's not your problem. All you owe is what is provided for you in your lease UNLESS you were sent a notice. IT varies from state to state (some only go by contract law, as opposed to specific landlord-tenant laws regarding notices.) If they have evidence they sent you a notice stating that a MTM fee was being added or that your rent was going up to market rent, then you are out of luck. But if not, they can only give you notice that you owe the $220 for NEXT month. They cannot retroactively go back and if there's nothing stating the MTM terms specifically then they have no way to force you to pay that $220. Sometimes companies will do one thing just to see if the resident responds and if they fight it, they will back down a bit. In Seattle, there is a cap on rent increases but NOT if you give 60 day notice. However, MTM fees and market rent when off-lease are not covered under these laws, only offered lease renewal amounts. Link to comment Share on other sites More sharing options...
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