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Hi Pennsylvania renters here. Our lease specifies that the tenants (me) will auto renew unless the tenant give the LL at least 60 days written notice or landlord give 30 days. I get all that.
But it mentions nothing about rental increases. So now, we indicated we'd like to renew, but the landlord said that would be fine as long as the rent increases 8%!
Obviously we don't want that and we've found other rental properties that are lower than we pay now.
Can we get out of the 60 day clause, even though we missed that 60 day window, on the grounds that the lease terms have changed?
I would think the lease that is agreed to be automatically renewed could only be the lease with the exact, original terms, ie the original rent.
I would tell the LL that you decline to pay the increased rent, and ask what day they want you out by. Make it the LL's decision for you to leave, and it won't matter that you missed the 60 day notice period. (Of course you will pay your normal rent until your last day)
Thanks, and that's what we're going for, but we also need to commit to the new property within a week...I just don't want to be on the hook for both properties.
It SEEMS like the lease should have had a clause about rental increases, e.g. "will auto-renew with an increase of 8%" or whatever. Otherwise I would read "auto-renew" as "the same terms will apply."
Hi Pennsylvania renters here. Our lease specifies that the tenants (me) will auto renew unless the tenant give the LL at least 60 days written notice or landlord give 30 days. I get all that.
But it mentions nothing about rental increases. So now, we indicated we'd like to renew, but the landlord said that would be fine as long as the rent increases 8%!
Obviously we don't want that and we've found other rental properties that are lower than we pay now.
Can we get out of the 60 day clause, even though we missed that 60 day window, on the grounds that the lease terms have changed?
I would think the lease that is agreed to be automatico
Any thoughts would be great! Thanks.
I assume it's past 60 days but before 30 days? Either way no you don't have to pay the increase(unless your lease says otherwise). Your landlord can either ask you to leave before 30 days or renew for another year with the same rent.
If it is a rent increase, then that is a NEW lease, not a renew of prior lease. The new lease would be written up with the new rent amount.
When the landlord 'countered' with the rent increase, the 'renew' thing went out the window. He changed the lease terms. You cannot renew now, because he won't allow you to renew with the prior lease terms which is what you were wanting.
He should have given you the new rent amout several weeks BEFORE the 60 days. So you would know that 'renew' with prior rent amount is not an option for you.
Tell him you wanted to renew at the original rent, that you do not agree to the new lease/new rent. And that you will be moving on X date because 'renew' is no longer available since he changed the lease terms that you had wanted to 'renew'. He might suddenly go back to the new rent amt. If he does, and IF you want to stay, have him write the new lease within a few days so you can commit to one place or the other.
I cannot see him forcing you that 60 day renew clause because, technically, there is no 'renew' available since he changed the lease terms.
Our lease specifies that the tenants (me) will auto renew unless...
I get all that. But it mentions nothing about rental increases.
Because rent adjustments are a different matter...
and in the absence of other notice from the landlord the existing rate w/should maintain.
All the tenant had to do was assert their intention to stay put for another year.
(the knowing they'll stay put is what the auto renew is all about for the LL)
The other common approach:"after the initial period this lease shall revert to a month to month tenancy"
is also all about keeping the tenant in place but leaves more options open for both sides.
Quote:
So now, we indicated we'd like to renew, but...
When was this done? At or before the 60 day mark described in the lease?
Quote:
...the landlord said that would be fine as long as the rent increases 8%!
They couldn't have said that before the time elapsed.
Quote:
Can we get out of the 60 day clause, even though we missed that 60 day window,
on the grounds that the lease terms have changed?
They haven't changed. The old lease expired.
At this point you're left with negotiating as if from the start.
Good luck.
Last edited by MrRational; 01-17-2013 at 08:19 AM..
I am in 100% agreement with Sware2Cod. The landlord's rent increase is notice that he will not renew. I would send him a letter that says something like this:
We have received your notice to increase the rent, thereby also being notice to us that you will not renew the lease. Since we do not agree with the terms of the new lease, we will vacate by the last day of the current lease.
Your lease end when the contract says it ends. If you or the LL extends it you should have requested it, otherwise he is free to rent it...
If you do not desire to pay a higher rent move, many LL are willing to leave the rent the same, it cost a LL money to repair rent and show a proprty and they know it...Good tenants are hard to find...
Work with him on the rent, if you have paid on time and taken decent care of the place he will want you to stay...
that's the way I'd feel, if I were a LL.....it's just a business decision..
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