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    hari_aqua012's Avatar
    hari_aqua012 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 20, 2012, 12:20 PM
    Lease Automatic Renewal Year to Year
    I signed a lease on 05/19/2010 with lease end date of 05/31/2011. The lease is 'Year to Year', with a written 90day notice to terminate. I couldn't inform on time last year and the lease renewed till 05/31/2012.

    This year I waited for a notice, and was not provided till now. I send a email to the leasing office yesterday 3/19/2012, and they reply my lease was automatically renewed.
    I call their office today 3/20/2012, and they say, they sent a certified mail notice on 2/1/2012, which I never received, and they cannot end my lease.

    How can I get out of the lease? They did tell me that there was rent increase. Can I use this as a clause?

    Please help..
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Mar 20, 2012, 05:00 PM
    Waited for notice of what, its up to you to tell them you are leaving. I don't think there are 90 days between 3-19 and 5-31. Why did you wait, you knew you were late before and now it appears you are late again. What do they claim their 2-1 letter said? An auto renewal is with ALL the same clauses and rates. If they want to raise the rate they must make you sign a new lease.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Mar 20, 2012, 06:25 PM
    I agree with ballenger. You signed this lease, you are aware that you have give 90 days notice of your intent to not renew. I could understand the first time, you may not have been aware of it, but the second time?? They are not required to send a notice and you should not have waited for one.

    As for the rent increase, you need to read the lease. The automatic renewal clause may allow for an increase.
    hari_aqua012's Avatar
    hari_aqua012 Posts: 2, Reputation: 1
    New Member
    		  
    #4

    Mar 22, 2012, 08:04 PM
    I am okay with the lease getting extended, as I can find someone to whom I can transfer lease.

    But the rent increase is killing this chance of lease transfer.

    I read the lease agreement, and no where in it, was mentioned that the rent can be increased. When I talk to the leasing officer, it was in the notice that I did not receive, and the rate is based on market value.

    How can I skip this rent increase? Do u think a trial in consumer court will be in my favor for rent?

    Please help?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #5

    Mar 22, 2012, 08:15 PM
    They told you they sent you the notice by certified mail, right? Send them a letter by certified mail that they will receive a rent increase from you when they show you proof that their notice of rent increase was delivered to you, and until then you will continue to pay rent at the prior lease rate.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #6

    Mar 22, 2012, 08:26 PM
    Lease can not change terms unless agreed by both parties. so if there is not a allowance for automatic increase they can not. Agree, if they mailed it certified, they will have proof of delivery,
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #7

    Mar 23, 2012, 03:23 AM
    If they sent it certified as they said, then they should have a receipt. I agree that you do not have to pay any increase until legally notified. However, I disagree that they can't change the rent. A lease renewal continues all terms of the lease except expiration and rental.
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