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    bleusong52's Avatar
    bleusong52 Posts: 239, Reputation: 46
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    #1

    May 31, 2010, 09:31 AM
    Questioning legality of rent increase notice
    Good day to all,

    My question relates to the propriety how the landlord gave the recent rent increase notice. I have lived in this complex ten years and the notcies have always been by mail. This past April a notice was given of a June rent increase. Now some people, in two other buildings, got their notice by mail. Some, as in my building, got a notice taped to their door. Even that I might not have liked, but it would have been something. I did not get such a notice.

    When I went to pay the rent, the manager informed me of the $50.00 rent increase. I asked her when that was sent out. She said she, "hand delivered the notice" to each tenant in my building. I told I did not get one. She went to my file and pulled out a copy of the notice. That, she stated, is her proof. I told her that is not proof of my receiving it but merely a piece of paper in my file. She said it is my word against hers and hers would stand up in court. I paid the rent (with the increase).

    Now I have found five other people in this building who had the same experience. Is this just a "bite the bullet" kind of thing or would we even stand a chance to go through the court?

    Thank you.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    May 31, 2010, 10:23 AM

    You might soon get a notice of eviction for failure to pay the proper rent amount. If everyone got their notices either mailed or taped to their doors you just might lose in court and end up paying for the court filing fees and the building's attorney fees. You need to speak to the manager and request that she put a notation in your file to have your rent increase notice mailed to you certified return receipt requested for the next rent increase.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jun 1, 2010, 08:13 AM
    Quote Originally Posted by bleusong52 View Post
    She said it is my word against hers and hers would stand up in court. I paid the rent (with the increase).

    Now I have found five other people in this building who had the same experience. Is this just a "bite the bullet" kind of thing or would we even stand a chance to go through the court?
    Hello b:

    Couple things. I LIKE my relationships to go smoothly. That's why I enter into agreements - so that everybody's obligations become clear. I adhere to my agreements, and I expect others to do the same. When they don't, I'm not the kind of guy to lay down. I especially HATE it when they don't, and I'm CHALLENGED by some dufus who THINKS she knows the law, but is absolutely and categorically WRONG... To be CONFRONTED by this person, when YOU are her customer, and you're right besides, is outrageous. I would NEVER put up with it. You shouldn't either.

    But, like twink said, be prepared to move. But, THEY broke the relationship - not you. If you're not prepared to move - lay down.

    If not, write her a DEMAND letter. Send it certified, return receipt requested. Send copies to her employers. In it, say what you said here, and DEMAND she return the money within 24 hours or you'll file suit - and then DO IT.

    I think her bosses will calm her down. Hopefully, THEY know the law. If they're no better than she is, you betcha I think you can win.

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #4

    Jun 1, 2010, 08:18 AM

    Are you now month-to-month or have you signed a yewar klong lease each year? What does it say about rent increases? If you are $50 short on your rent, your rent is considered unpaid for the month. If everyone else is paying $50 more are you sure you want to get into a wee wee match with a skunk?
    bleusong52's Avatar
    bleusong52 Posts: 239, Reputation: 46
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    #5

    Jun 1, 2010, 07:10 PM

    Yes, I paid the rent increase, because I did not want a fight right now but wanted to get some ducks in a row before I start.

    The initial lease was a year and resigned every year until new management took over a couple of years ago. One of the rules that changed is that renters need to give a 60 day notice of termination. Believe me, I started looking for a new place but the rub is that landlords do not want a hold a place for 60 days - unless they get paid. Of course, business is business.

    I do like excon's thinking though. The higher ups in this property management are not much better than the manager. I used to know the owner of the complex - grew up in same hometown - but he sold the buildings a couple years ago and the rest is sad history.

    This latest stunt with the rent just takes the cake and the icing too.

    I sincerely thank you, twink, excon, and ballenger. The other tenants and I need to decide our approach and do it together or not at all. One may say it is only 50 bucks, but 50 bucks this month and all the other months...
    But I will write that letter to the manager and the property management office (200 miles away) and send it certified.

    Thanks again. Your encouragement helps.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
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    #6

    Jun 1, 2010, 07:17 PM

    If this is the first rent increase in 10 years you have lived a blessed life. A new owner probably has a much higher debt rate and $50 bucks isn't out of line. Lets talk further about their "new rule" about giving 60 days notice. Where do you live? Unless you signed a new lease with a 60 day notice in it I doubt this is legal.
    bleusong52's Avatar
    bleusong52 Posts: 239, Reputation: 46
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    #7

    Jun 2, 2010, 03:57 PM

    The rent started increasing three years ago, when the federal subsidy on the building ended. Rent used to be $325 and now is$585. From 2009 to now there have been three rent increases.

    The 60 day notice thing was instituted by the property management company a little over a year ago. It is not in the original lease and no one, currently living on the grounds, has ever gotten a new lease. Since then at least one other property management entity has adopted that same rule.

    How would I find out about that 60 day rule being legal or not?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Jun 2, 2010, 04:02 PM

    Hello b:

    In the ordinary course of events, when a lease ends, the tenancy reverts to a month to month with the SAME terms. In other words, if the landlord NEVER gave notice that the lease terms where changing, they CANNOT legally change, and in fact, have not.

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #9

    Jun 2, 2010, 04:14 PM

    I pretty much agree with Excon. Once you turned into a month-to-month they can raise your rent if they give a month's notice. That si about the only term that can change.
    bleusong52's Avatar
    bleusong52 Posts: 239, Reputation: 46
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    #10

    Jun 3, 2010, 04:57 AM

    Okay, I understand. About the only thing I can do, and have done, is to send a letter by certified mail to the manager here and the rental agency. The other five tenants and I wrote stating the request that all future rent increases be by regular mail. We stated that none of us got proper notification of this last increase.

    Thanks so very much for your advice.
    bleusong52's Avatar
    bleusong52 Posts: 239, Reputation: 46
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    #11

    Jul 8, 2010, 11:13 AM

    Just an update. To solve the problem(s), I have found a different place to move.

    Again, I want to thank you all for your wisdom. It helps!
    bleusong52's Avatar
    bleusong52 Posts: 239, Reputation: 46
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    #12

    Aug 7, 2010, 07:32 AM

    I had my apartment check out this Monday and the manager told me that she found out she could not charge me for the carpet or the painting, because I had been there 10 years. Had to laugh.

    Will be getting my full deposit plus interest.

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