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My lease will expire on Dec. 31st this year...I received notification taped to my door stating that my lease was ending and if they did not hear from me they would assume that I wanted to assume a month to month lease at about 300.00 more than the lease terms. I called the office and informed them that I would come in to renew the lease. I went in renew about 2 days later and was informed that my rent would increase by 130 dollars under the renewal. Mind u, I have lived at the complex for 5 years and intended to sign a new lease expecting some increase but not that much. Needless to say, I refused to sign the renewal, which at such time, I was well under 30 days notification of moving. However, I quickly found a place and was approved. When I notified the office that I would be moving by the end of the month, she stated that I was still required to pay the month to month rate for January. I disputed this because I was not informed of an increase in a timely manner which ultimately influence my decision to leave. I CAN'T AFFORD THIS INCREASE!!! I emailed the office manager who returned the email with an alleged letter dated for September 30th outlining the increase in market rate and loss of the concessions I had received all five years of my occupancy. She also had 4 other notifications that talked about coming in to sign a new lease or going month to month. Problem is that I never received the letters. One letter was sent back from the post office and (posted on my door mid December) with a yellow sticker stating that it was undeliverable. The email she said she sent, I never received. When talking to the site manager and explaining that I made the decision to move based on the excessive increase to 1715 from 1585 including all utilities: electricity, gas, garbage removal and water. I stated to her that I was not informed that I was losing my concessions; I didn't know that market rate had increase to 1699; I didn't know about the 100 increase and why? She referred to the notifications. I explained that I find it VERY HARD to believe that I missed 5 notifications. As a result, I should not be held to paying one month at the month to month rate due to failure to notify them in 30 days. Do I have a legitimate case? Please help... I gotta leave this place ASAP. CAN I FIGHT THEM IN COURT? WILL IT AFFECT MY CREDIT?
My lease will expire on Dec. 31st this year...I received notification taped to my door stating that my lease was ending and if they did not hear from me they would assume that I wanted to assume a month to month lease at about 300.00 more than the lease terms. WHEN was the notice posted on your door? If the notice was given in a lawful allowed amount if time there isn't anything wrong about it.
I called the office and informed them that I would come in to renew the lease. I went in renew about 2 days later and was informed that my rent would increase by 130 dollars under the renewal. Mind u, I have lived at the complex for 5 years and intended to sign a new lease expecting some increase but not that much. Unfortunately your length of residence is inconsequential to their raising rent. If you haven't had a rent raise in 5 years expect a hefty raise
Needless to say, I refused to sign the renewal, which at such time, I was well under 30 days notification of moving. Unfortunately that's a choice you made. If they gave correct amount of time for rent raise notice it's your choice to take it or leave it and when you went to negotiate the amount. .
However, I quickly found a place and was approved. When I notified the office that I would be moving by the end of the month, she stated that I was still required to pay the month to month rate for January. That is correct. You're giving notice but your state law and lease conditions apply for notices
I disputed this because I was not informed of an increase in a timely manner which ultimately influence my decision to leave. Did they give you the 30/60/90 (whatever day) notice? What is the required notice timeline your lease staes for rent raise or termination?
I CAN'T AFFORD THIS INCREASE!!! I emailed the office manager who returned the email with an alleged letter dated for September 30th outlining the increase in market rate and loss of the concessions I had received all five years of my occupancy. She also had 4 other notifications that talked about coming in to sign a new lease or going month to month. Problem is that I never received the letters. One letter was sent back from the post office and (posted on my door mid December) with a yellow sticker stating that it was undeliverable. The email she said she sent, I never received. When talking to the site manager and explaining that I made the decision to move based on the excessive increase to 1715 from 1585 including all utilities: electricity, gas, garbage removal and water. I stated to her that I was not informed that I was losing my concessions; I didn't know that market rate had increase to 1699; I didn't know about the 100 increase and why? She referred to the notifications. I explained that I find it VERY HARD to believe that I missed 5 notifications. As a result, I should not be held to paying one month at the month to month rate due to failure to notify them in 30 days. Do I have a legitimate case? Please help... I gotta leave this place ASAP. CAN I FIGHT THEM IN COURT? WILL IT AFFECT MY CREDIT?
What was the letter that was undeliverable. Wrong address or what was the reason why they couldn't deliver? Signature required? Could it be you ignored the letter possibly threw it away thinking it was junk mail? If they gave you the correct notice (and I can't imagine not getting any if they sent 5 ) you're really not going to win. Unless they sent it to the wrong address possibly. Find out why the letter was undeliverable. If it's their fault you may have a case, but if the taped door notice was given in ample amount of time you're back to square one as you received a notice within the correct timeline
Best thing to do is
Give notice you're leaving ASAP.
Pay the rent until you leave.
Take them to court after you move if they did not follow state law on giving notice of rent increase. As long as you give proper notices your credit has nothing to do with it. If you stop paying and walk away you're giving them ammo in court. And that's when they can get judgements or evictions
If they gave you correct notice there is nothing to take them to court for. You not going there to hammer out a deal is not their fault
As stated in my initial post, I didn't receive notification of an increase. Below is the email I sent absent of particulars...I will then post the response after speaking with the office manager and my email provider... Mind u during such time I stated that I will contact the post office stating, "I find it VERY hard to believe I missed 5 notices." I did not ignore any notices; upon receiving the one attached to my door, I responded!" I had no desire to leave...
Dear ????
My name is ??? and I am a resident at the ?????? Apartment Complex. I have lived at this residence for 5 years now. During such time have contributed to the culture, professionalism and diversity. It is now time for me to sign a new lease, and I am perplexed as to how and why the terms of my lease have been modified.
Upon signing my initial lease, I committed to two years at the then rate of 1,299. After the two years were up, I signed an additional lease for several reasons: my son attended school in the area and I was pleased with the services provided. I also established positive relationships with my neighbors and leasing office staff. The community was safe and I felt very comfortable. Upon signing a new lease at year three, my rent went up 100.
Upon year 4, my son went away to school, and I went back to school as well. Still my rent went up another 100.00 dollars upon signing.
Upon year 5, my rent increased by a percentage less that of 100.00 dollars. However, with each renewal, I received at least up to a 60 day notice of the increase, which would allot some time to determine if I wanted to remain a resident.
It is now year 6, I did not receive any notice of an increase until I went in to sign the lease. At such time I was told, "You were getting concessions, but I was advised to bring you to market rate." I was also told that this was due to my history as a resident. I stated that I didn't have a bad history. The response was that I had paid the rent late several times.
In speaking about the late payments, I paid every late fee. I would like to add that in the five years here at the ?????? my rent has never reached 30 days late. While I don't recall every instance of paying after the 3 day grace period, I will say that there were times when I had problems with the portal, and I was laid off at least 3 times during my stay here. However, I always managed to get caught up and not be subjected to eviction or court appearances.
Finally, I would like to know why didn't I receive prior notice of another 100.00+dollar increase as I have in last 5 years? I would also like to know why there is a change in my concessions this year without notification? I also do not understand the reason for the 75 non negotiable late fee if it is used as a bases for increasing one's rent at the end of the lease? I was made aware of all changes upon meeting with ??? to sign my renewal. Therefore, no time to determine whether to remain a resident for the sixth year.
Please contact by email or by phone ????? regarding these issues. I truly appreciate the time and consideration that will be given to this matter
As stated in my initial post, I didn't receive notification of an increase. Below is the email I sent absent of particulars...I will then post the response after speaking with the office manager and my email provider... Mind u during such time I stated that I will contact the post office stating, "I find it VERY hard to believe I missed 5 notices." I did not ignore any notices; upon receiving the one attached to my door, I responded!" I had no desire to leave...
Dear ????
My name is ??? and I am a resident at the ?????? Apartment Complex. I have lived at this residence for 5 years now. During such time have contributed to the culture, professionalism and diversity. It is now time for me to sign a new lease, and I am perplexed as to how and why the terms of my lease have been modified.
Upon signing my initial lease, I committed to two years at the then rate of 1,299. After the two years were up, I signed an additional lease for several reasons: my son attended school in the area and I was pleased with the services provided. I also established positive relationships with my neighbors and leasing office staff. The community was safe and I felt very comfortable. Upon signing a new lease at year three, my rent went up 100.
Upon year 4, my son went away to school, and I went back to school as well. Still my rent went up another 100.00 dollars upon signing.
Upon year 5, my rent increased by a percentage less that of 100.00 dollars. However, with each renewal, I received at least up to a 60 day notice of the increase, which would allot some time to determine if I wanted to remain a resident.
It is now year 6, I did not receive any notice of an increase until I went in to sign the lease. At such time I was told, "You were getting concessions, but I was advised to bring you to market rate." I was also told that this was due to my history as a resident. I stated that I didn't have a bad history. The response was that I had paid the rent late several times.
In speaking about the late payments, I paid every late fee. I would like to add that in the five years here at the ?????? my rent has never reached 30 days late. While I don't recall every instance of paying after the 3 day grace period, I will say that there were times when I had problems with the portal, and I was laid off at least 3 times during my stay here. However, I always managed to get caught up and not be subjected to eviction or court appearances.
Finally, I would like to know why didn't I receive prior notice of another 100.00+dollar increase as I have in last 5 years? I would also like to know why there is a change in my concessions this year without notification? I also do not understand the reason for the 75 non negotiable late fee if it is used as a bases for increasing one's rent at the end of the lease? I was made aware of all changes upon meeting with ??? to sign my renewal. Therefore, no time to determine whether to remain a resident for the sixth year.
Please contact by email or by phone ????? regarding these issues. I truly appreciate the time and consideration that will be given to this matter
Sooo, a few points:
Your and your son going to school has no relevance
Considering you were late on your rent multiple times, and lacked employment multiple times, you're lucky you received a renewal at all
Your main issue, which you have yet to eplain, is whether the notice you received regarding renewal was within the time limits as proscribed by your state and/or the terms of your lease. If they did, indeed, send you 5 notices, I guarantee that at least one of them has to have been certified; you said one of those notices was undeliverable. Why was it undeliverable? Wrong address? Signature required but you weren't home?
Not sure what you're referring to when you talk about a $75 non-negotiable late fee, but considering your history of late payments, that is to be epected. And as to the rent increase, the landlord is entitled to raise your rent to any rate they wish. You're probably not, in the owner's eyes, as good a tenant as you think, hence the hefty increase
One thing that puzzles me is that you knew to expect a renewal of your lease, yet you never, within the last 60 days, inquired about where the lease renewal was, even though you knew the time was rapidly approaching. That's completely on you, and if you end up having to pay an extra month for your not paying attention, that seems fair and reasonable
My lease will expire on Dec. 31st this year...I received notification taped to my door stating that my lease was ending and if they did not hear from me they would assume that I wanted to assume a month to month lease at about 300.00 more than the lease terms. I called the office and informed them that I would come in to renew the lease. I went in renew about 2 days later and was informed that my rent would increase by 130 dollars under the renewal. Mind u, I have lived at the complex for 5 years and intended to sign a new lease expecting some increase but not that much. Needless to say, I refused to sign the renewal, which at such time, I was well under 30 days notification of moving. However, I quickly found a place and was approved. When I notified the office that I would be moving by the end of the month, she stated that I was still required to pay the month to month rate for January. I disputed this because I was not informed of an increase in a timely manner which ultimately influence my decision to leave. I CAN'T AFFORD THIS INCREASE!!! I emailed the office manager who returned the email with an alleged letter dated for September 30th outlining the increase in market rate and loss of the concessions I had received all five years of my occupancy. She also had 4 other notifications that talked about coming in to sign a new lease or going month to month. Problem is that I never received the letters. One letter was sent back from the post office and (posted on my door mid December) with a yellow sticker stating that it was undeliverable. The email she said she sent, I never received. When talking to the site manager and explaining that I made the decision to move based on the excessive increase to 1715 from 1585 including all utilities: electricity, gas, garbage removal and water. I stated to her that I was not informed that I was losing my concessions; I didn't know that market rate had increase to 1699; I didn't know about the 100 increase and why? She referred to the notifications. I explained that I find it VERY HARD to believe that I missed 5 notifications. As a result, I should not be held to paying one month at the month to month rate due to failure to notify them in 30 days. Do I have a legitimate case? Please help... I gotta leave this place ASAP. CAN I FIGHT THEM IN COURT? WILL IT AFFECT MY CREDIT?
The bold portion alone is enough proof that they sent the notice to you and you ignored it. The post office will deliver every envelop to the address on it regardless of who it is addressed to, I constantly get the previous homeowner's crap. Someone took the letter from your mailbox and sent it back to the post officer return to sender. If you got it mid December then they sent it out at the beginning of December at the latest though probably sent it before Thanksgiving. It takes 2-3 days to get to you via regular mail, then a few days before it was removed from your mailbox and sent back, then another 3-5 days for the post office to tag it return to sender and get it back to the complex, and finally another day or two to get it documented on their end and posted to your door. Just because you were avoiding the increase doesn't mean it goes away. You can try to fight it but expect them to take you to court for not paying and all they need is 1 notification to get the increase, they have 5 documented, but you still owe them the old Jan rent at the absolute minimum.
As stated in my initial post, I didn't receive notification of an increase. Below is the email I sent absent of particulars...I will then post the response after speaking with the office manager and my email provider... Mind u during such time I stated that I will contact the post office stating, "I find it VERY hard to believe I missed 5 notices." I did not ignore any notices; upon receiving the one attached to my door, I responded!" I had no desire to leave...
Dear ????
My name is ??? and I am a resident at the ?????? Apartment Complex. I have lived at this residence for 5 years now. During such time have contributed to the culture, professionalism and diversity. It is now time for me to sign a new lease, and I am perplexed as to how and why the terms of my lease have been modified.
Upon signing my initial lease, I committed to two years at the then rate of 1,299. After the two years were up, I signed an additional lease for several reasons: my son attended school in the area and I was pleased with the services provided. I also established positive relationships with my neighbors and leasing office staff. The community was safe and I felt very comfortable. Upon signing a new lease at year three, my rent went up 100.
Upon year 4, my son went away to school, and I went back to school as well. Still my rent went up another 100.00 dollars upon signing.
Upon year 5, my rent increased by a percentage less that of 100.00 dollars. However, with each renewal, I received at least up to a 60 day notice of the increase, which would allot some time to determine if I wanted to remain a resident.
It is now year 6, I did not receive any notice of an increase until I went in to sign the lease. At such time I was told, "You were getting concessions, but I was advised to bring you to market rate." I was also told that this was due to my history as a resident. I stated that I didn't have a bad history. The response was that I had paid the rent late several times.
In speaking about the late payments, I paid every late fee. I would like to add that in the five years here at the ?????? my rent has never reached 30 days late. While I don't recall every instance of paying after the 3 day grace period, I will say that there were times when I had problems with the portal, and I was laid off at least 3 times during my stay here. However, I always managed to get caught up and not be subjected to eviction or court appearances.
Finally, I would like to know why didn't I receive prior notice of another 100.00+dollar increase as I have in last 5 years? I would also like to know why there is a change in my concessions this year without notification? I also do not understand the reason for the 75 non negotiable late fee if it is used as a bases for increasing one's rent at the end of the lease? I was made aware of all changes upon meeting with ??? to sign my renewal. Therefore, no time to determine whether to remain a resident for the sixth year.
Please contact by email or by phone ????? regarding these issues. I truly appreciate the time and consideration that will be given to this matter
Your decision to stay is your decision, they simply raised the rent. You DID receive a notice. It was taped to your door. Again WHAT was the reason it was undeliverable and what was the postmaster stamp date on the envelope? You still haven't answered. If it is stamped undeliverable they did attempt notification.
And ultimately you have a recurring rent raise with yearly notices. Why did this not ring any bells when you did not receive the notice? Why did you not take a proactive stance to find out? Let's say that they and the postmaster screwed up and you were completely victimized by this. Why would you not leave a message hi this is so and so at yadda yadda unit. I'm calling to find out if there will be rent raise notices sent out this year. I still have not received anything and wanted to check. Let's assume they are completely incompetent why would you not protect yourself by being proactive.
Pay the rent for your last month and move. They may or may not come after you for giving proper notice. If they take out anything from your deposit, take them to small claims court to make them prove you didn't (and they did give) proper notice for the move (and the rent increase). Problem solved. You can move whenever you want, there just may be a penalty you have to deal with.
In speaking about the late payments, I paid every late fee. I would like to add that in the five years here at the ?????? my rent has never reached 30 days late. While I don't recall every instance of paying after the 3 day grace period, I will say that there were times when I had problems with the portal, and I was laid off at least 3 times during my stay here. However, I always managed to get caught up and not be subjected to eviction or court appearances.
You make it sound like this makes you a "good" tenant. Just because you were not evicted doesn't make you a good tenant. Paying late, even if you pay the fine, is not what they want. They want their money on time.
Thank you for responding to my situation. The leasing office waived the 300 month to month increase for the month of January. (I have submitted a 30 day notice at no penalty in cost). Unfortunately, I wasn't able to find any movers who could do the job on or by December 31st . I have been accepted at other complex and have paid a deposit there as well. As to paying past the 3rd day of the month, life happens. While I am not making excuses as I paid every late fee as instructed in the lease; consequently, I still don't believe it should have any baring on rent increases. I've been at the complex for 5 years, and was offered a 6th lease, which speaks to my history at the complex.
As to the time limit frame of the notice posted on my door, it was mid December and well under the 30 day required time limit and reads, "undeliverable as addressed dated on 12/14/15." Again, I had no intention on leaving and expected some increase but not in excess of 100.00 to bring me to market rate. As to being proactive and calling them about the increase, I unfortunately, believed that things would happen as they did in the previous 5 years, so I wasn't concerned too much about it because I EXPECTED an increase consistent with the previous year, which I REALIZE now was the WRONG thing to do. As to my families' educational goals and employment issues, I find them very relevant because they affects my ability to pay AND what is wrong with building community among your tenants/leasing staff and getting to know them and their situations? What's wrong with having some compassion for people? I appreciate this forum, but I am appalled by some of the insensitive and downright rude comments. I pray that "LIFE" doesn't find those people in situations that required compassion from your others i.e. employers & landlords/mortgage comp.
Last edited by poor management; 12-31-2015 at 03:40 PM..
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