Can rent be increased after period to decline automatic lease renewal has passed?

Asked about 1 year ago - Cleveland, OH

Lease renewal clause reads: "For the term commencing on April 1, 2012 and ending on March 31, 2013, and from year to year thereafter, but not to exceed three (3) years, however, that each renewal be at the rent then prevailing, unless either party shall notify the other, in writing, by certified mail, that it elects to have the Lease terminated at the end of the then current term which notice must be given at lease forty-five (45) days prior to the end of the then current term."
The 45 days before 3/31/2013 was 2/14/2013. I was notified on 2/20/2013 that there would be a rent increase. How can rent be increased after the renewal period? I did not get time to review whether I would want to renew or not. If no notice by 2/14 would it not be the same as signing a new lease that day?

Attorney answers (1)

  1. Jacob Thomas Will

    Pro

    Contributor Level 8

    2

    Lawyers agree

    Answered . Based on the information you provided, it appears as though the lease provides that either party may terminate the lease within 45 days of the expiration of the lease. You have correctly stated that you received notice of the rent increase after that 45-day period. Based on what is provided above, nothing explicitly prohibits the landlord from setting a new rental amount. However, you would be able to argue against a new one-year lease term, as you were not given the appropriate notice regarding the increase in rent.

    You should attempt to contact your landlord to work this issue out amicably prior to retaining counsel and/or court appearances.

    The answer provided herein does not constitute an attorney-client relationship, and should not be construed as... more

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