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Doodles2207 · Sep 2, 2009, 11:34 PM

I'm in a 12 month lease at my apartment complex. They notified me that they were going to raise my rent from $812 to $975 if I re-signed a lease with them and if I went month-to-month it's going to go up to $1075. They gave me that notice around August 28 and my lease termination date is September 30th. I went to go give a 30 day notice that I wasn't going to be re-signing. When I went down they said I needed a 60 day notice and because I was already 30 days away from my termination date I either stay the extra month after my termination date or I can leave at that date but I still have to pay that months rent as a 'penalty.' The part of my lease that they're showing me where it states this 60 day notice policy is this : 'an automatic continuance of the agreement on a month-to-month basis after the termination date, the agreement will continue after the termination date until either party terminated the agreement bygiving the other party at least 60 days written notice, or as otherwise specified by law.'
I was advised by another leasing officer that once my lease is terminted it's terminated and I'm no longer obligated to that apartment unless I stay and enter into the month-to-month and only after the termination date and I was in the month-to-month I would have to give 60 days notice, but not before.
Does anyone know what the rules are about termination dates and/or notices and what that section in my lease means??

N0help4u · Sep 3, 2009, 04:37 AM

Originally Posted by Doodles2207

or as otherwise specified by law.'

This looks like your loophole to the 60 day notification.
What state are you in?

ScottGem · Sep 3, 2009, 05:24 AM

First, laws like this vary from state, so, since you didn't indicate your state we can't tell you what the laws are.

However, I doubt if they could legally hold you to the increased rent since THEY didn't give you notice of the increase in time for you to make the decision.

Check your lease to see if there is a provision that requires them to give notice of an increase.

I would handle this in one of two ways. I would tell them that you will stay for October but at the current rate since they didn't give you sufficient notice of the increase and you will be out by October 30. On October 1 pay them the $812. This will give them the option to file for eviction in which you have a hearing where you can explain what happened. I believe a judge will side with you.

The other option is to move out by Sept 30 and just not pay. However, what they will probably do is apply your security deposit towards the October rent. Which means you will have to sue them to recover the deposit.

Doodles2207 · Sep 3, 2009, 11:08 AM

Im in California actually. When I went to go ask them about them about them not giving me 60 days notice that they were going to raise my rent but I have to give 60 days and their response was 'I'm sorry.' Then I showed them that passage from my lease and asked them about it and all they said yes that's what you have to do... When I said so I can leave and not have to give a 60 notice unless I go into a month-to-month? And all they would say was no you have to give 60 days. They wouldn't look at my lease or even try to explain it.
Here's another question... If I do just pay September rent and leave, can they send it to collections or something or what is the consequence if they say that I did break the agreement (even if I didn't read the contract that way)?