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KitNKaboodle · Aug 8, 2008, 07:48 AM

Hi... what is the law concerning month to month apartment rentals? I have been living at my place for over a year, and my lease expired June '08. Since I have been on a month to month. The past few months, I have been paying my rent late; but it's always been paid in full including the appropriate late fee. Now my landlord says my rent has increased and I have six days to either a) sign a new 7 month lease with a rent of $1300 (I've been paying $1180 with a 10% late fee) and if I don't sign a new lease, I'll have to pay $1400! Can they do this? :mad: I've never received anything either verbally or in writing stating my rent (will/is) increased? And what are my options? Do I have any recourse?

Thanking you in advance!

progunr · Aug 8, 2008, 08:01 AM

What are the terms of your lease, after it expires?

Normally, you would need to be given 30 days notice to vacate and it should be stated in the lease.

I would assume that if you don't decide, and refuse to accept the increase, the landlord would give you the notice to vacate at that time.

JudyKayTee · Aug 8, 2008, 08:03 AM

Originally Posted by KitNKaboodle

Hi ... what is the law concerning month to month apartment rentals? I have been living at my place for over a year, and my lease expired June '08. Since I have been on a month to month. The past few months, I have been paying my rent late; but it's always been paid in full including the appropriate late fee. Now my landlord says my rent has increased and I have six days to either a) sign a new 7 month lease with a rent of $1300 (I've been paying $1180 with a 10% late fee) and if i don't sign a new lease, I'll have to pay $1400! Can they do this? :mad: I've never received anything either verbally or in writing stating my rent (will/is) increased? and what are my options? Do I have any recourse?

Thanking you in advance!

They are negotiating a new lease - they can change the rent.

They may be unhappy with your late payments (and I know you pay an extra fee) and may very well be trying to force you out.

Not unusual for a month-to-month rent (in my area) to be higher than rent on a lease. Landlord wants to know he/she won't be looking for new tenants next month and you are tied in for X number of months.

What State - would have to look at specific State law.

ScottGem · Aug 8, 2008, 08:36 AM

They have the right to raise the rent and require a new lease. They have the right to charge a different rental for an extended lease then for month to month.

twinkiedooter · Aug 8, 2008, 09:08 AM

Usually on month to month tenants the landlord can raise the rent with 30 day's notice of the rent increase.

Fr_Chuck · Aug 8, 2008, 10:22 AM

Yes, they can in fact on a month to month ( except in areas with rent control) raise your rent each month, normally they will inform you this month what the rent will change to next month.

But yes they can do that, they can requie a lease if they want also.

CritiasLex · Feb 11, 2012, 08:32 PM

My research indicates various results depending upon the wording of the lease contract. If a lease states it automatically renews month-to-month if neither party gives the other a notice, and is silent about how much the rent will be upon such automatic renewal, then the rent is the same as it was before lease expiration. Automatic renewal is just that, automatic. To change the terms and conditions nullifies the meaning of automatic, and strips the tenant of the benefit of his or her bargain.

AK lawyer · Feb 12, 2012, 06:14 AM

Originally Posted by CritiasLex

My research indicates various results depending upon the wording of the lease contract. If a lease states it automatically renews month-to-month if neither party gives the other a notice, and is silent about how much the rent will be upon such automatic renewal, then the rent is the same as it was before lease expiration. Automatic renewal is just that, automatic. To change the terms and conditions nullifies the meaning of automatic, and strips the tenant of the benefit of his or her bargain.

The bargain of which you would have the tenant benefitting was not that the rent would be the same in perpetuity.

I am puzzled why you have researched a thread in which the latest post was 3 1/2 years old. But since you bring it up, if the LL gives notice of a rent increase, I suppose that notice should be in the form of a conditional notice to quit: be out in 30 days; if you don't want to move out pay rent of such-and-such.