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mcaton · Sep 5, 2006, 01:29 PM

I was fortunate enough to acquire a rental problem on the Gulf Coast of MS one month before Hurricane Katrina devastated the area. I was extremely fortunate that the rental property had only minor damages. We were given the option of signing a 1 or 2 year lease and chose a 2 year contract with our landlord. Now, after 1 year, he is asking for an increase in our rent payments because 'he has had unplanned expenses' to all of his rental properties due to the storm. I know that he legally cannot raise our rent during our lease term agreement. But, can he terminate lease without a breach of contract on our behalf? He always receives his rent payment on time and we have not breached our lease in any other way. However, he states that as owner of the property - that he does not have to have a reason to ask us to leave that he just has to give us a thirty day notice. Am I crazy or wasn't this the reason for a lease agreement in the first place? Can he legally give us a 30 day notice to vacate the property if we have not breached our end of the agreement? And, if he does have the right to sell the property while we are leasing - what are our rights as tenants?

Fr_Chuck · Sep 5, 2006, 01:58 PM

He can not do that unless the lease says he can. I do not believe he can evict you, just keep paying the rent, if it goes to court for an eviction, the court should uphold you right to stay in the home.

He has to show in the lease where he has grounds to ask you to leave.

And he can sell the property, but the new owner will also be bound by the lease. ( always check with an attorney in your area but this has been the case anywhere I have ever lived.

CaptainForest · Sep 5, 2006, 07:44 PM

I agree with Fr Chuck.

From the sounds of it, your Landlord can NOT evict you on any grounds.

So when he tried to and takes you to court, show up with your lease agreement and proof of all the times that you paid your rent.

ScottGem · Sep 6, 2006, 06:03 AM

While I agree with Chuck and Captain, you haven't said what your lease states. You need to get it out and read the fine print. Unless the lease gives the landlord the ability to do what he says, then he can't do it. However, he CAN make your life miserable if you don't pay. What you MIGHT consider is negotiating a new lease for another 2 years (or whatever) at a compromise rental.