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    sandra330's Avatar
    sandra330 Posts: 1, Reputation: 1
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    #1

    Jan 20, 2013, 12:49 AM
    Should a one-year lease dated March 27th end on March 31st?
    The apartment is a Tax Credit Sec. 42 apartment and my mom and I are approved Tax Credit Tenants. The owner/manager has been trying to get rid of my mom and me for months... probably even before we moved in. Two months after move-in, I was asked to swing by the office to sign a TIC. (Whaa? I already signed a TIC as part of the application process and will not sign another until my yearly review -- so I sent it back to the compliance department unsigned with a cover letter.) First, I get a certified letter on blank paper informing me that the owner/manager is exercising the option to not renew our lease... right before Xmas. There was an exchange of correspondence between me and executive management, and they now know I will hold over and wait for them to file an action against me. A week or so later, I find by my door an envelope with my apartment number on it and a pink slip inside advising me that when I get my new lease I will be paying a rent increase as of March 1st (not March 31st) some $15 more monthly. I did not know tax credit tenants' rents could be raised! The other thing is (I have done some research), maybe the owner/manager is using the building opening date (mid-February 2012) to represent month 1 for all tenants, which is why I get only an 11-month lease. This owner/manager offers no explanations/details; you just do what you are told. But I will not help them carry out malfeasance against the Treasury Department. Email deleted
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Jan 20, 2013, 01:35 AM
    This is NOT a tax question. It is a legal question that should be posted in the LAW forum.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 20, 2013, 01:44 AM
    You date of lease will be the exact days and exact date listed on the document. If the lease is for 12 months, then it will run for 12 months from the date, but most have a start and end date listed on the lease itself.s

    If it say March 27, then it is March 27, not the 31st.

    They do not have to renew the lease if they do not wish to.

    This is a HUD program for low income people.

    If you upset them and were in their opinion a bad or trouble renter, it is normal for them not to renew. For example, if the form they asked for, was done incorrrectly to start with and they needed a new one, your refusal may have cost them money, thus they were unhappy.

    Rent can be raised, it is merely low income housing and the yearly rent is adjusted each year according to the economy and other factors
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Jan 20, 2013, 01:55 AM
    I've never seen a LIHTC lease, and it would be a lot easier if you would read yours and tell us what it says about increases and end of term.
    I would guess that 3/27 should continue to be 3/27.
    I would guess that they can't start a new term on 3/1.
    I would guess that there might be a cost of overhead increase allowed, based possibly on the SS COLA, which for 2013 is 1.7%. Does $15 represent 1.7%?
    I would guess that they are out to get you any little way they can.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jan 20, 2013, 06:42 AM
    As others have said, it depends on your lease.

    When was it signed? What date does it say it was signed? What are the effective dates according to the terms of the lease?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #6

    Jan 20, 2013, 05:48 PM
    What state are you in? In NJ the landlord has to offer you a renewal unless you violate one of 16 specific provisions in the law. Nothing you've said here indicates that you've violated any of those provisions.

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