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Hi, in June my landlord sent my roommate and I a 30 day notice to increase rent, but the amount stated on the "increase" was lower than the rent we were previously paying. Instead of paying the lower amount, as I suggested, for the past 2 months, my roommate paid what we were previously paying. We currently want to pay the lower amount listed on the letter. I'm afraid that it will be an issue since he paid the full amount after the date of the increase (or really lower rent) was supposed to take place as opposed to having started paying the lower amount then. Can we start paying the lower amount now? What would any legal factors be since we have the letter stating the new rent amount? (The landlord hasn't commented on the fact that we've been paying the same rent as before. Or if he thought we should be paying less, that we're paying more).
I would pay what he wrote in his letter by check. Mail it certified with a simple note, I have paid $XXX as you requested from your rent increase letter dated (insert date)
He must have a lot of property, and doesn't know that you are paying more than his "increased" amount.
Or you can do the honorable thing and call him and let him know that he made an error.
Hi, in June my landlord sent my roommate and I a 30 day notice to increase rent, but the amount stated on the "increase" was lower than the rent we were previously paying. Instead of paying the lower amount, as I suggested, for the past 2 months, my roommate paid what we were previously paying. We currently want to pay the lower amount listed on the letter. I'm afraid that it will be an issue since he paid the full amount after the date of the increase (or really lower rent) was supposed to take place as opposed to having started paying the lower amount then. Can we start paying the lower amount now? What would any legal factors be since we have the letter stating the new rent amount? (The landlord hasn't commented on the fact that we've been paying the same rent as before. Or if he thought we should be paying less, that we're paying more).
Thanks for any help!
Sounds like you are month to month. I don't think this stunt will save you much money since it's likely that he will know after you pay the lower amount and he may just simply give you 30 days notice to move.
Mistakes are made and if this notice that you received specifically said it was a notice of a "rent increase", no court would go along with your playing dumb and paying either a lower amount of rent or the same amount. Not that it will come anywhere near to court but I'm just making a point that you knew it was a mistake and the right thing to do would have been to notify the landlord accordingly.
At most you would by now have paid two months at the old rate and the discrepancy no doubt fell through the cracks but it'll be caught up with eventually. If you start paying the lesser amount now it'll stick out like a sore thumb and if you pulled that on me I wouldn't think very highly of you and may well give you notice to leave. Also bear in mind that, when it's caught up with if you continue to pay the old rate, your LL could easily turn around and give you a new 30 day notice of increase and jack the rent up accordingly to cover what he lost through the error.
Notice to Increase Rent should actually be called a Notice to Change Rent since it may go down.
If this is a large complex, managed by a PMC, or just a plain owner, it's possible they are simple charging you X dollars on rent day and subtracting Y dollars you paid. That means you may have a credit equal to the extra amount paid each month. I would contact them and confirm that the excess paid in the other months did result in a credit.
An honest person would have called the first day they received that notice and ask about it. What's funny is if it was for an actual increase, how quick are you to call if it's too high? MmmHmmmm
Notice to Increase Rent should actually be called a Notice to Change Rent since it may go down.
It's almost unheard of that rent decreases (it's happened to me twice but those were in very unusual and extenuating circumstances) and the OP says, " ...my landlord sent my roommate and I a 30 day notice to increase rent" so I'd assume that's exactly what he got and a mistake was made. Maybe he'll come back to the thread after he and his roommate have decided what to do and let us know what happened!
Legally, you could have started paying the lower rent. Then the LL would just adjust it with another 30 day notice. Like others have said, then you take the chance they stick it to you, or won't be nice when it comes time for a landlord referral.
Likewise, if you just leave it alone and keep paying the old rent, they'll figure it out eventually. Then you'll have to explain why you ignored the increase letter altogether. Either way, you'll look weasely. If you want a good referral in the future, I think you ought to come clean and contact them about the mistake.
The fact that you ignored the new amount on the letter and paid your old rent, shows you knew it was a mistake, IMO.
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