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I entered into a 1 year lease with a management company with a provision that stated I must give 30 days notice prior to the end of my lease if I intend to vacate the apartment. It also states that they must give me 60 days notice of they are planning to raise the rent if I renew the lease. I had subleased my apartment for the summer, and just found out last week the management company was raising the rent.
They say that the subtenant was notified, but I was never told of this. I had planned on staying, but can't afford the rent increase so I must move out. Unfortunately it is much less than 30 days until the lease expires and they want to charge me two months rent for failing to properly notify them of my intent to vacate. What should I do? This seems unfair!
I obviously knew of the provision, but I intended to renew the lease and that's why I didn't give the notice to vacate. But when they informed me of the rent increase last week, what exactly am I supposed to do?
I'm confused. Are you the subtenant? They said they notified you but you never received the notification? Or you are subleasing from someone, and they never told you about the increase? But you have a lease directly with the main LL?
Edit: Oops, I read it again...maybe my reading comprehension will be better this time. I would ask them for proof that they notified you of the rent increase 60 days in advance. They won't be able to do that. Therefore, you should still be able to give 30 days notice without penalty, because it was their failure to inform you. If they slipped a note under the door and the subtenant threw it away, that doesn't count as notification.
Don't blame the management company, they're just following the terms of the lease. Now you have to as well. The person you sublet the apartment to should have notified you. Heck, I'm surprised that they allowed you to sublet. Most management companies won't.
I'm the tenant. The landlord told me they notified the subtenant about the rent increase. The subtenant never notified me. Can I get relief from the subtenant here if I have to pay for two months of rent?
I'm the tenant. The landlord told me they notified the subtenant about the rent increase. The subtenant never notified me. Can I get relief from the subtenant here if I have to pay for two months of rent?
I would refuse to pay the penalty. They can sue you for it, and in court they would have to prove they notified you in time (if you use lack of notification of the rent increase as your argument). Also, that penalty may not be legal anyway. 2 months of rent a penalty for not notifying 1 month in advance? How does that make sense?
If you don't want to fight, and just want to pay the penalty, a 2 month rent penalty is the equivalent of one year's rent increase of about 16%. So you might actually save money by staying, if you are going to pay the penalty anyway and the rent increase is less than 16%.
I entered into a 1 year lease with a management company with a provision that stated I must give 30 days notice prior to the end of my lease if I intend to vacate the apartment. It also states that they must give me 60 days notice of they are planning to raise the rent if I renew the lease. I had subleased my apartment for the summer, and just found out last week the management company was raising the rent.
They say that the subtenant was notified, but I was never told of this. I had planned on staying, but can't afford the rent increase so I must move out. Unfortunately it is much less than 30 days until the lease expires and they want to charge me two months rent for failing to properly notify them of my intent to vacate. What should I do? This seems unfair!
Unless your lease says otherwise, the management companies giving notice to the subtenant does not satisify its obligation to you to give you 60 days notice. Since they just gave you 60 days notice, they can't raise the rent until the 60 days are up. Meanwhile you can give them your 30 days notice, certified mail, in writing, that you and your subtenant do not intend to continue leasing the unit when that rent increase goes into effect, and you need to make sure your subtenant gets out or you could have some liability and have to go after the subtenant in order to collect it.
Landlord has to post notice at the apartment. He doesn't have to hunt OP down on her vacation and give her notice wherever she is traveling. Landlord is very likely to have proof that the notice was posted.
That's the trouble with a sublet, OP. You are still on the lease and you are still responsible for all the rent and all the damage.
It was you picked out the subtenant, and it is you who are responsible for the subtenant. You can try suing the subtenant but don't be surprised if you are laughed out of court.
Call management and explain the problem. They might let you out with a 30 day notice (which might mean a full rental period, depending upon where you live) instead of signing a new lease.
However you must get your sublet out, because you are not ended with your responsibility until the unit is vacant and the keys returned to management.
Also, you signed the lease, so you knew when it ended and you knew when you would have to give notice and you knew when they would give notice of a rent increase. You could have checked. One phone call would have done it.
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