Strange lease situation- need advice please (2014, apartment, month-to-month)

[helpdownsouth]

I need some insight from those familiar with North Carolina landlord-tenant laws. But first, a quick summary of the situation.

7/31/2013 - Moved into an apartment, signed 6 month lease @ $545/month.

12/31/2013 - Called management asking about renewing my lease. Was told that the "system" (apparently their computer database) reflected a 12-month lease. They said continue paying rent.

1/31/2014 - New management company running complex.

Note: I never received a renewal notice letter at any point regarding my lease expiring.

2/1/2014 to 4/1/2014 my rent was accepted (@ rate of my original 6 month lease).

4/10/2014- The second (new) management company calls and tells me that my rent will be $662 for the month of 5/1 if I stay OR I can sign a 12 month lease @ $562. If I wish to sign a 6 month lease, it will be $625 a month.

Summary:

Yes, the 12 month deal isn't bad. However, I don't think I will stay here that long. On top of that, I feel like it was because of the previous management's incompetence that I'm in this situation. Also, I thought NC law required 30-day notice to raise rent on a month-to-month lessee. In short, I feel like I'm being strong-armed here and need advice.

Thanks in advance.

[MrRational]

Originally Posted by helpdownsouth

7/31/2013 - Moved into an apartment, signed 6 month (written) lease @ $545/month.

12/31/2013 - Called management asking about renewing my lease.
Was told that the "system" (apparently their computer database) reflected a 12-month lease.
They said continue paying rent.

1/31/2014 - New management company running complex.

Note: I never received a renewal notice letter at any point regarding my lease expiring.

2/1/2014 to 4/1/2014 my rent was accepted (@ rate of my original 6 month lease).
4/10/2014- The second (new) management company calls and tells me...

I feel like it was because of the previous management's incompetence that I'm in this situation.
I feel like I'm being strong-armed here and need advice.

And you are (mostly) correct.

The mostly part is about doing/trusting business like this being done verbally.
A simple "as per our phone chat yesterday my understanding of X and Y are..." letter
goes a long way toward establishing the time and names and other such detail.

That said... your six month lease was extended verbally by a management agent who should
have known better than to not have something on record and with signatures.

That the original rent rate continued to be accepted should serve to show their understanding
and by that continue to apply through the July rent payment... and I'm confident (if it came to it)
that a JUDGE will agree. Beyond that date... all bets are off.

As to your vague future plans beyond Aug 1...
firm them up before discussing renewal and/or ask about their M2M policies.

[helpdownsouth]

Originally Posted by MrRational

And you are (mostly) correct.

The mostly part is about doing/trusting business like this being done verbally.
A simple "as per our phone chat yesterday my understanding of X and Y are..." letter
goes a long way toward establishing the time and names and other such detail.

A great point. Needless to say, I won't make the same mistake.

That said... your six month lease was extended verbally by a management agent who should
have known better than to not have something on record and with signatures.

That the original rent rate continued to be accepted should serve to show their understanding
and by that continue to apply through the July rent payment... and I'm confident (if it came to it)
that a JUDGE will agree. Beyond that date... all bets are off.

As to your vague future plans beyond Aug 1...
firm them up before discussing renewal and/or ask about their M2M policies.

Accepting rent checks solidified the verbal agreement in my eyes as well. I suspect the previous management knew they were on a sinking ship and couldn't be bothered with more work.

I'll be meeting with the manager on Monday. If we can't see eye-to-eye, I'll try to negotiate a bit. I'm feeling the pressure though- decide by 5/1 or pay $662+ $100 fee for May.

MrRational, thank you for responding! You've given me some valuable insight.

[spankys bbq]

What is this $100 fee you speak of?

[JONOV]

Originally Posted by helpdownsouth

A great point. Needless to say, I won't make the same mistake.

Accepting rent checks solidified the verbal agreement in my eyes as well. I suspect the previous management knew they were on a sinking ship and couldn't be bothered with more work.

I'll be meeting with the manager on Monday. If we can't see eye-to-eye, I'll try to negotiate a bit. I'm feeling the pressure though- decide by 5/1 or pay $662+ $100 fee for May.

MrRational, thank you for responding! You've given me some valuable insight.

I still think they can't take the rent up another $100 without 30 days notice, so you couldn't be charged $662 until 6/1.

[helpdownsouth]

Originally Posted by spankys bbq

What is this $100 fee you speak of?

It's the new management's policy to tack that fee on when a tenant goes month-to-month. Cool stuff, eh?

So basically on 4/11, I was told that I had until the 31st to decide if I was going to move, sign a lease, or go m2m for $762 on the first month ($662/m after that).

Originally Posted by JONOV

I still think they can't take the rent up another $100 without 30 days notice, so you couldn't be charged $662 until 6/1.

I think you're right as NC law seems to be consistent in that policy. If I can't negotiate a reasonable rate for another 6 months (edit: or continue on my original lease), I'll beat that drum to buy some time.

[helpdownsouth]

I want to thank everyone who posted.

Surprisingly, the management was more understanding than I anticipated. I explained the details of the verbal agreement w/ previous mgmt. and showed that my rent checks were accepted after my original lease term. They acknowledged that incidents like this aren't uncommon when mgmt. companies take over (i.e. previous employees not doing paperwork).

The woman I spoke with was reluctant to negotiate (I counter-offered 575/month to their 625), but after speaking to the lead property manager they offered me a 6m lease @ $562/m. I couldn't believe it! So that means no huge fees to fight off next month and some peace of mind.

[mjd07]

Good job! I am glad advocating for yourself worked out. I wish more people would do it!