New owner of property I had been in for awhile said(verbally) upon purchase that my rent may increase, but would work with me because I had never been late or had problems. My lease is due to expire 04/30 and yesterday(04/03) I received a phone call telling me I needed to renew my lease for a price which would be $500 more than what I am paying now and if I don't let them know by tomorrow if I am leaving they will start eviction proceedings.
My rental agreement states: This Lease may be terminated at the end of the Term by either party providing at least sixty (60) days advance written notice to the other. If no such notice is provided, the term of this Lease shall automatically renew on a month to month basis; in which case, this Lease shall terminate on the later of the termination date provided in the notice or sixty (60) days from the date of the notice. During the month to month renewal period of the Term, the Lease will continue in full force and effect subject to all of the terms and conditions set forth in this Lease, other than with respect to the Rent amount, which may be unilaterally increased by Owner by giving written notice as provided by law.
What can I do?
Pay the increased amount or leave. By what you wrote landlord can raise the rent come the end of the lease as landlord sees fit (unilaterally). If you dont agree then simply vacate on 4/30 at the end of your lease. If you stay 1 day past then you owe the new rent amount which is $500 higher or can be sued/evicted. There is nothing illegal, that is the lease and terms that you signed.
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No lawyer can properly opine on the construction of a lease he or she hasn't had an opportunity to review in full, and from this small snippet, I am going to guess that no lawyer could ever know what this lease says because it was drafted by someone (not a lawyer, obviously) without a SINGLE CLUE.
As just ONE example, consider that it provides
If NO SUCH NOTICE IS PROVIDED, the term of this Lease shall automatically renew on a month to month basis; in which case, this Lease shall terminate on the later of the termination date PROVIDED IN THE NOTICE or sixty (60) days .
Now, one wonders – if NO NOTICE is provided – how could anyone determine “the date provided IN THE NOTICE" or, for that matter, “sixty (60) days from DATE OF the notice?"
If that wasn't enough, there's simply no way a "month-to-month" lease can have an end date (i.e., "shall terminate on...").
This is why Landlords need to retain lawyers. To avoid looking like total schmucks later.
I would say just pay (or move out), get away ASAP; but I suggest you brink this piece of crap lease to a good local tenants attorney for a thorough review. Who KNOWS what other useless junk this LL has put in there, or what he or she thinks these provisions actually mean. .
Hope this helps.
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One way or another you will either 1) leave or 2) pay more money.
The new landlord can not just start eviction proceedings now if you are current in the rent. If you paid for April already you have until the 30th to vacate.
Also, a phone call is not sufficient notice--written notice is required, per the lease. The landlord will have to give you no less than 15 days' notice prior to the 30th of the rent change to make the change effective.
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The new landlord is sandbagging you with the claim he will start eviction proceedings. He can't until the termination notice is given. It would seem from what you quoted that the lease is automatically a month to month lease unless terminated. So just follow the lease and statute. For the lease to not turn into a month to month, the landlord must have given 60 days advance notice. The did not so your new termination date is May 31st. To give you proper notice under a month to month the notice must be by May 15th (15 days before the next rent is due).
As for the amount of rent, you again must see the lease and what it says about the terms of the month to month renewal. It is likely that the lease must be terminated and then a new lease negotiated at the higher rent --- but an attorney must see the document to make provide that advice.and counsel.
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Unfortunately a verbal agreement will not stick. Anything pertaining to real estate must be in writing to be binding
Best to consult an attorney
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