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Old 07-22-2013, 05:51 PM
 
1 posts, read 2,990 times
Reputation: 10

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Hello everyone. Let me explain my situation.

My friend's 6 month lease was to expire July 31st. She did not know there was a 60 day notice required prior to moving out (naive, first time renter). None the less she would not have provided move-out notice because she had no intention of moving out UNTIL July 11th, when the apartment management sent her a notice (dated July 11th) that her rent would be increasing from 579 to 610 (for a 1-6 month lease) or 600 (for a 6-12 month lease).

Now that doesn't sit right with me, and she can't be the first person to have this problem. How is someone supposed to know whether they are going to move out for reasons specifically related to affordability from 60 day's before lease-end date, if they are not told about the rent increase until 20 days before lease end?

Now they are trying to enforce the 60 day notice by setting a move out date of September 23rd, but at least at the original 579 rate for August and some prorated amount for 4xx (don't remember exactly how much) for September.

She's already found a new place and signed a lease there, or this wouldn't be a problem. Now she has to pay rent for 2 apartments for 2 months.

Is this legal? Seems to me like they're pulling a fast one. What recourse is there? What can/should she do as a next step? What she wants is to be able to move out at the end of the month.

It seems to me that if renters are required to give 60 days notice of move out, landlords should also be required to give 60 days notice of rent increases since that is a material factor in deciding whether to move out or not!!

Please advice, and thanks for any and all help in advance. This is taking place in Houston, TX by the way.
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Old 07-22-2013, 06:08 PM
 
Location: St Thomas, US Virgin Islands
24,669 posts, read 65,957,638 times
Reputation: 26643
The crux of this lies in exactly what the renewal clause in her lease says. I see your point but without knowing the precise wording of the clause it's nigh impossible a question to answer. If you can provide this it would be helpful.
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Old 07-22-2013, 06:16 PM
 
Location: The Triad (NC)
32,453 posts, read 75,383,459 times
Reputation: 40131
Quote:
Originally Posted by LostLessee View Post
My friend's 6 month lease was to expire July 31st.
...when the apartment management sent her a notice (dated July 11th) that her rent would
be increasing from 579 to 610 (for a 1-6 month lease) or 600 (for a 6-12 month lease)
(then she decided she would rather leave than renew and pay more)

She did not know there was a 60 day notice required prior to moving out (naive, first time renter).
Oh well.

Quote:
Now that doesn't sit right with me, and she can't be the first person to have this problem.
She surely isn't. Some places plan it to work out like this.
Oh well.

Quote:
How is someone supposed to know whether they are going to move out for reasons specifically
related to affordability from 60 day's before lease-end date, if they are not told about the rent increase
until 20 days before lease end?
When you stumble across that situation... get back to us (and your friend)
But that isn't the sequence here... is it?

Quote:
Is this legal?
100%
Is it scummy way to operate? You bet.

Quote:
Please advice, and thanks for any and all help in advance.
Live and learn. Read and understand legal documents BEFORE you sign them.
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Old 07-23-2013, 01:23 PM
 
16,376 posts, read 20,914,517 times
Reputation: 14341
Per most state's landlord tenant laws, if they find a new renter prior to Sept 23, then she doesn't owe money for rent.

Basically she owes rent money either until Sept 23 or until a new renter moves in.

If she pays rent for August and someone moves in Aug 16, they owe her half August rent. then she doesn't have to pay for September rent either.

---

Check her current lease to see if it required a 60 day notice. It is possible her current lease expires on July 31 without requiring ANY notice...or it is possible her current lease says it's 30 day notice. It all goes by what is in the CURRENT lease(their new rules don't apply since she didn't sign a new lease).

Get her to send exact copy/paste of wording of her current lease regarding expiration/notice.
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