We recently moved our family to a small town close to our old town. When we went to sign the lease the LL had forgotten it but took deposit and gave us the keys. We told him that we had the water service started that day and he asked that we not turn on the water to the house until he inspected the pipes. The following Saturday when we moved in there was no water turned on so swe turned on the main and it started leaking so we shut it right back off. We tried to reach LL by phone several times Sat and Sun. He called Monday morning and said oh the pipes were damaged and he would be sending a plummer. We have no clue when he was there and don't think he ever was there. We think he knew and needed our money to pay the plummer. The heater was not working properly either and he was immeadiately notified and it took a week to fix it. I refused to sign the lease when they finally showed up with it but my fiancé felt we had no choice and signed it ANYWAY. Upon reading this lease I noticed that there was a clause in there to raise the rent for 'increase in matinence costs'. I believe that this clause is illegal. Lo and behold now 2 months later they are raising our rent 150 a month stating that it is because there was trash placed in the wrong area in the yard and that we took the #incorrect# address numbers off the home. Can we move? These people are crazy? There is A lot more to this but I could go on forever. Please help. We spoke to our attorny and he said they broke the lease but they are saying they haven't. I'm scared and feel trapped.

What steps were taken and what "extra" costs were inccured for these supposed violations. And did they notify you that something wasn't in order?

No extra costs... the tposts maybe... I forgot they said we were parking too far up the "drive".

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Originally Posted by SusieJo6776

No extra costs...the tposts maybe....I forgot they said we were parking too far up the "drive".

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Parking in the wrong spot is not a maintenance issue. Once you have been notified of the situation then it should have been remidied. A post for a sign doesn't not cost an extra 150 dollars a month for the remaining term of the lease. That claus is to cover something over and above normal use. Like for example you have a dog and it keeps tearing things up. Or you have children that turn the lights off and on like a game and ruin light switchs. You need to talk to a lawyer and ask them about what is "normal" wear and tear for your area.

You signed the lease. Unless the landlord is violating the lease, you can't get out of it. The fact is he did fix the problems..

The LL came to the house with T-posts and beat them into the yard to mark the driveway. There is no cement or anything and they had no specified exactly where to park. I feel that someone could fall and get hurt on those things... I have 6 children! She told me then that the garbage needed to be put in the alley. I had it next to the end of the drive because that is where the lady we pay the trash fee to said to put it. My kids wash and save pop cans for their firework money every year and she said that those bags needed to be taken out of the shed and disposed of. I don't think we should have to do that. The numbers on the house we incorrect and we were installing a mailbox and put correct numbers on that but she stated this to be a reason for rent raising too.

You have an annoying landlord, but not one that is violating the lease.

ANY question on law needs to include your general locale as laws vary by area.

We did talk to a laywer he said that they have broken the lease and that we should moved before the rental increase takes effect or agree to the new rate and stay. They also walked in the house without knocking when the babysitter and kids were alone and we were at work. Many, many things have happened.

On what grounds did the lawyer say the lease was broken. And if so, why haven't you moved?

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Originally Posted by SusieJo6776

... Upon reading this lease I noticed that there was a clause in there to raise the rent for 'increase in matinence costs'. I believe that this clause is illegal.
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We spoke to our attorny and he said they broke the lease but they are saying they haven't. I'm scared and feel trapped.

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Does your lawyer agree with you that the rental increase clause is illegal?

It strikes me as odd that, from what you say, your attorney advised you that you can get out of the lease and yet you seek a second opinion here. Don't you trust your attorney?

FYI, it doesn't look to me that the clause is illegal per se, but it does appear that the clause doesn't apply (if the limited maintenance issues that you have described are the only justification your LL has for seeking an increase). Neither do I see cause for voiding the lease but, as I say, I would tend to defer to your attorney's opinion.

Our attorney said that their clause is not legal because it is not specific enough and in addition to this they are not stating anything that has caused them a raise in cost in maintaining the property. The only costs incurred by them was the heater and the pipes which they should have had working before we moved in. They did not cite these items as the reason for the increase they listed placing trash in the wrong spot, parking in the wrong spot, and removing the number stickers from the side of the house as those reasons. We live in Nebraska, by the way. He says that the current lease at the current rate of rent is void as of the date the increase takes effect and we have the choice to move or pay the higher rent and sign a new lease. We are moving before that date and have given proper notice. I haven't been in the position to need a laywer before and didn't think it ever hurt to get a second opinion and more knowledge on the situation. As I said there have been other events such as entering our home without notice or even knocking and placing dangerous objects in the yard just to name a couple.

I will agree, the clause to raise the rent may not be legal, but it in and of itself does not void the lease.

I would say it is still up in the air, if you move, the landlord can still sue for unpaid rents and you will end up for the judge to decide

I would also agree, that the clause to raise the rent is probably illegal, but I also think it doesn't void the lease. On the other hand, I think the attorney is correct that it gives you an out to move rather than paying the increase.

The problem here is that a court would have to rule on it. So the landlord can withhold your deposit and sue you for unpaid rent, leaving you to defend yourself in court where you would stand a good chance of winning.

It might have helped if your notice of moving came on the lawyer's letterhead.

Thank you all for your input. I appreciate the added insight.

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Originally Posted by ScottGem

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It might have helped if your notice of moving came on the lawyer's letterhead.

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Yes, and the notice from your lawyer might also exercise a different option: tell the LL that in his opinion the rent increase clause can not be applied under the circumstances so therefore you will not pay the increased rent. In other words, tell the LL to take it or leave it: give the LL the choice whether to go for the increased rent, and risk losing you as tenants, or settle for the original rent amount.