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OP, I suggest that you contact the manager immediately and tell then that you didn't receive the notice until the 5th. Don't just cross your fingers and wait to see what happens.
If you are in one of the literal 30 day states (if you said where you are located, I missed it) about the best you can do is to get the rent prorated. The first 5 days at the old rent and the rest of the month at the new rate.
Posted to the door is a legal posting in most states. You are admitting that you received the notice, so that isn't an issue.
Good communication with management will make your stay there easier. Doubly so since moving isn't an option. I suggest that you make an effort to get along as much as possible.
If you are in one of the literal 30 day states (if you said where you are located, I missed it) about the best you can do is to get the rent prorated. The first 5 days at the old rent and the rest of the month at the new rate.
I just calculated that: about $5. Not worth the hassle if I were the tenant.
Best move is to just buck up and pay the new rent. No drama then.
Look at the good side of it. I think you got $33 worth of advice in this topic, and you see now that you can avoid a lot of aggravation by just paying up.
Now you can just enjoy your evening and turn down the stomach acids and resign yourself that you lost $33, and get on with your life.
As a landlord I've lost something like $10K over the last 4 months getting my new properties up and running. Stuff like this. Like Louis L'amour used to say, a man has gotta have sand! It's a Westernism, you don't have to understand it.
Focus on getting your finances together and getting out of there when you are able.
The advice I got was already pretty much what I expected. It wasn't anything that surprising or revealing. I just wanted feedback from people who know a little more about the ins and outs of these sorts of situations than I do.
I was never trying to get out of paying. I told you that I was expecting an increase, but that since it didn't show up when I expected I was surprised. I was simply coming here to ask about the weird 27-day notice thing, and if that was legal.
Further, I don't know why the "turn down the stomach acids" comment was made. I wasn't upset about the whole thing. I was not planning to take legal action. I just asked if what the managers were doing was legal (or legally acceptable), and wondered if I should bring it to their attention -- but ultimately, I assumed I probably would not say anything to them about it. If I were to bring it up to them, my personal style would be more to just mention it verbally -- not deal with certified letters and all of that.
I didn't ask for your advice about my finances. I never planned to move because I knew it wasn't possible in the near future. The moving idea was your suggestion, but it was never on the table as an option. But thank you, anyway.
OP, I suggest that you contact the manager immediately and tell then that you didn't receive the notice until the 5th. Don't just cross your fingers and wait to see what happens.
If you are in one of the literal 30 day states (if you said where you are located, I missed it) about the best you can do is to get the rent prorated. The first 5 days at the old rent and the rest of the month at the new rate.
Posted to the door is a legal posting in most states. You are admitting that you received the notice, so that isn't an issue.
Good communication with management will make your stay there easier. Doubly so since moving isn't an option. I suggest that you make an effort to get along as much as possible.
Thank you!
If I didn't/don't bring up the 27 days' notice of the rent increase to the managers, all that would really happen is that I'd pay the rent and that's it. I would have appreciated the actual 30-day notice (or more) -- and I am surprised they didn't give it to me -- but I am guessing that they think that because the notice was dated June 19th, it counts as being (more than) 30 days' notice.
I rent from housing opportunities, I was suppose do a recertification back in( april) of which I sent in the paperwork but did not here from HOC until 9/14/2018. of when my rent went from 1,250.00 to 1,290.,, she sent my information threw e-mail but the effective was for 8/1/2018, I e-mail her back and question this, she explain that this was the recertification date and not the effective date of rent increase, I then saw the hoc counselor on 9/18 and sign the documentation and she said that a letter will be mail to me about the date of increase in rents, I then ask that my grandson be added to the lease and rent went up additional $40.00. My grandson is one years old, then she sent another copy of the precertification on Monday threw e-mail after adding my grandson, with the increase of 40.00 call HOC and they now have me owe 1400.00 for rent, what do I do, I really can not speak with anyone
the voicemail is full
When rent is raised for a month-to-month tenant (or any kind of tenant), do the managers and/or landlords have to give exactly 30 days' notice (or more), or can it be something like... 27 days' notice? In other words, can it be just under 30 days and still be legal?
My rent is due to go up on August 1st, and yet the notice of this year's increase was taped to my door on Saturday, July 5th (I didn't see it until this morning, July 6th).
However, the notice of the rent increase is convenientlydated June 19th. I am guessing that the actual property management office (located offsite) put the notice together back in June, but it was not taped to my door and delivered by the onsite managers until July 5th.
Does it make a difference, legally? Can the managers claim (lie) that I was served with the rent increase notice on June 19th, because that's the date on the letter? Can they say that they actually stuck the notice on my door on July 1st or 2nd (which they absolutely did not), even though they know that I know it is not true? I mean, I guess that they can say anything they want, since I literally have no way to prove that the notice was not put on my door until July 5th. In fact, I would not be surprised if the actual property management company thinks that I was given the notice back in June. They might not realize that I just received it from the managers yesterday.
I am assuming that I am not in a position to say anything or even speak up about it because I have so few rights in this situation and cannot prove anything, but...if I am "legally" allowed to mention that I did not receive the rent increase notice until July 5th, how would I go about bringing it up -- and to whom? The onsite managers? The property management office? The owners (who know of me, as they have owned the property since way before I moved in and they know I am a good tenant)? I have no idea what to say or how to say it.
Background -- I've lived in my apartment for 18-1/2 years (early 1996 was when I moved in), and have been a month-to-month tenant ever since my second year here. For the first 16 years of my time in this building, there were two sets of onsite managers overseeing everything, and they did not work for a property management office. Instead they worked directly with and under the advisement of the property owners. Everything was done in a more informal way than it is done now -- and yet, somehow things were still handled more professionally (and with more consideration and courtesy shown to the tenants) than they are handled now. Both sets of former managers would give more than 30 days' notice if a rent increase was coming up, even if they didn't legally have to do that. They would give us notice if any kind of loud work was going to be taking place in the building, etc. They were very pro-tenant in their management styles.
When the previous managers suddenly moved out 2 years ago, the owners of the building hired a property management company (which has very bad reviews on Yelp) and a new set of onsite managers moved in. They usually seem very "by the book" in the timing of delivering notices and things, although they always tape the notices to the door (which can go unseen or overlooked if a tenant doesn't leave the apartment for a few days) -- whereas all of the previous managers slid notices under the tenants' doors to be certain they were seen. In 2012 and 2013 the new managers gave me well over 30 days' notice of a rent increase, so I was surprised to see this year's notice about an August 1st increase on my door on July 6th, realizing that it had been taped there on July 5th -- which would be 27 days' (if my math is correct!) notice.
Anyway, thanks for any insight! (I know this was a lot to read, but I tried to explain myself as clearly as I could, and I wasn't sure how much detail would or would not be needed to paint the whole picture.) I appreciate it!
Where the law requires a "30 day" notice, it means exactly that- 30 days. If you proceed on day 29, you would be in procedural default, which would require you to either cure by giving a new notice and following the letter of the law. Also judicial discretion would also allow a case to be decided in favor of the opposing party by reason of statutory default. The date a paper is "served" is either the date it was deposited by a party in the first class United States Mail or the date upon which it was hand delivered, whichever is first.
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