The new management company sent a letter stating that they are going raise the rent in the middle of my current lease. Also can they enter into my apartment with out notifying me when it's not an emergency or inspection?
READ your lease. It will say what your landlord can and cannot do.
A landlord cannot raise the rent in the middle of a lease term UNLESS the lease says so.
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
Absent a specific clause in the lease granting them the authority to change the lease, they cannot increase the rent without your consent. Have a local attorney review your lease. Your lease terms should also govern the landlord's right to entry. Typically, it must be an emergency or for an inspection that you were given proper notice of prior to their entry. Again, the answer to your questions is going to be dependent on the written terms of your lease agreement. Typically, a landlord should give at least 24 hours prior notice before entering your apartment unless there is an emergency.
Under the SC Residential Landlord Tenant Act, a landlord may not raise rent during the lease term, unless such increase is specifically included and agreed upon by all parties to the lease. Otherwise, the tenant has an opportunity to reject the lease "modification" as follows: "Rules or regulations adopted after a tenant enters into a rental agreement are not valid as to such tenant if the rules or regulations substantially modify the tenant's bargain and after receiving notice upon adoption of his right to object, the tenant objects in writing to the landlord within thirty days after promulgation."
Generally, with regard to entry, a landlord must provide a tenant with 24 hours written notice, except in the case of an emergency. However, if completing a maintenance request, the landlord may enter between the hours of 8am-8pm. If the landlord is conducting regularly scheduled maintenance, as made known in the lease or rules and regulations, he or she may enter between the hours of 9am-6pm.
Given that this forum can provide general legal information only, it is always advised to seek personal legal advice specific to all of your facts and circumstances.
I wish you the best going forward.
No attorney-client relationship is created by this response. This information is provided for general legal information only and does not constitute advice. It does not address specific, personal issues, as there is no direct contact with the questioner nor a review of any applicable documents or other information beyond what has generally been provided in the question set forth on the Avvo site. Responses are based on SC law, or any applicable federal law, as I am an attorney licensed only in SC. You are strongly advised to consult with an attorney in-person.
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