Can my landlord do this ? (leases, tenant rights, fees, illegal)
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No mention on second most recent lease contract signed of 'bank charges' whatsoever. So, in effect, it is like pulling a rabbit out of the hat by suddenly asking for charges on top of the fixed rental price , when none were ever indicated on lease. We have been definitely subjected to at least 4 or 5 rent increases due to 'bank charges' in the past 19 years. Were these charges ever legal to apply in the first place?........and if never mentioned on the original lease then would I have grounds for asking for money back?
Did you read my posts above? I explained all of this for you.
As long as you don't have rent control your LL can rent the rent as high as he wants.
But they do have rent control as they stated. That is not necessarily the issue here. The LL is trying to retroactively charge for some bogus rent increase DUE to what the LL says is because of bank charges. Which they can't do whether the OP is rent controlled or not unless they have a lease that specifically states that specific rent increase amount in question.
States a rent increase on rent control property can happen and is tied to the consumer price index inflationary rate for that year.
So, the 'bank charge' could be what they are referencing with the rate of inflation for that particular year.
I will be contact with the sftu in the next few days to clarify exactly how retroactive increases are treated and if no mention of bank charge/inflationary increase in lease is it still legal to request them?
States a rent increase on rent control property can happen and is tied to the consumer price index inflationary rate for that year.
So, the 'bank charge' could be what they are referencing with the rate of inflation for that particular year.
I will be contact with the sftu in the next few days to clarify exactly how retroactive increases are treated and if no mention of bank charge/inflationary increase in lease is it still legal to request them?
I have already explained to you that they can not charge anything retroactive unless it is something that you signed for but were not paying and that it is recent. You pay ONLY what is on your most recent lease or addendum that you signed and agreed to.....period. If it is any amount or charge that was not on a signed agreement then it does not matter one iota what they are saying the charge(s) or increases are for or why. They can't charge you for that.
Yeah I know where you are coming from regarding what is or what is not on the lease. The qst now evolves into, if on the original lease signed back in 1997, there was no mention of bank charges or price increases , then the rent increase foisted upon us on several occasions over the past many years could indeed be illegal?.
Yeah I know where you are coming from regarding what is or what is not on the lease. The qst now evolves into, if on the original lease signed back in 1997, there was no mention of bank charges or price increases , then the rent increase foisted upon us on several occasions over the past many years could indeed be illegal?.
Well, you must not know what I am talking about because what is, or is not, on your lease is exactly the answer to your question as I have already answered multiple times now. Unless I am totally misunderstanding what you are trying to say. If a charge or increase amount is not, or was not, ever on a lease agreement or an addendum that you signed then it can NOT be charged for and/or shouldn't have been charged for. So if you have paid, or you are asked to pay, erroneous charges above and beyond what is on a signed lease or addendum then that is illegal and you should fight it.
But as far as rent increases, yes, you can be charged rent increases based on the terms of your rent control however, that increase HAS to be indicated on a lease or renewal addendum and signed by you or it is not valid. In other words, you don't pay ANYTHING that is not in writing that you agreed to and you signed.
Last edited by Corn-fused; 04-09-2016 at 04:54 PM..
Well, you must not know what I am talking about because what is, or is not, on your lease is exactly the answer to your question as I have already answered multiple times now. Unless I am totally misunderstanding what you are trying to say. If a charge or increase amount is not, or was not, ever on a lease agreement or an addendum that you signed then it can NOT be charged for and/or shouldn't have been charged for. So if you have paid, or you are asked to pay, erroneous charges above and beyond what is on a signed lease or addendum then that is illegal and you should fight it.
But as far as rent increases, yes, you can be charged rent increases based on the terms of your rent control however, that increase HAS to be indicated on a lease or renewal addendum and signed by you or it is not valid. In other words, you don't pay ANYTHING that is not in writing that you agreed to and you signed.
Over generalizing here aren't you? Tenants do not have to agree to rent increases outside of a leases terms. If there was no lease in place than all that is required to increase rent is notice, no addenda or lease needed.
OP doesn't seem to understand what is even going on to begin with so he really needs to get legal advice with as much information as he can muster. Maybe he does and he just isn't able to articulate that here but most of this doesn't make much sense; what does the second to last lease even have to do with anything?
Over generalizing here aren't you? Tenants do not have to agree to rent increases outside of a leases terms. If there was no lease in place than all that is required to increase rent is notice, no addenda or lease needed.
OP doesn't seem to understand what is even going on to begin with so he really needs to get legal advice with as much information as he can muster. Maybe he does and he just isn't able to articulate that here but most of this doesn't make much sense; what does the second to last lease even have to do with anything?
But there was/is a lease in place so something in writing is required. And I have already explained, or it was somewhat of a given based on my posts, that "tenants do not have to agree to rent increases outside of a leases terms". But it is a moot point anyway if you are referring to someone without a written lease or agreement.
So where is the "over generalizing"?
Last edited by Corn-fused; 04-09-2016 at 05:33 PM..
Quick clarification again with timeline included -
1997 - I moved in and signed lease with room mate at the time for $XXXX amount stated in this lease. Was there any mention of bank charge increases etc., to add to the rent amount in lease , now that is the question. I am trying to locate the original lease to see for sure. In the time period 1997 - 2014 , on probably 4 - 5 occasions, the landlord would drop by a 'change in terms of tenancy agreement' which outlined ............bank charge increase of 2.1% for stated period to increase rent to $XXXX amount. Exact wording. The rent would increase a few dollars but we just got on with it.
2014 - My room mate moved out so old contract so now null and void. Landlord states he will put up rent now. New rent on new contract for apt is increase of 19% over last year. On new contract with new room mate , landlord does not mention anywhere about 'bank charges' or rent increase of any sort.
2016 - Landlord mentions to me that he would be increasing the rent and going back to collect the 'bank charge increase' for the past several years that his father did not do so. The last year we saw the 'change in terms of tenancy agreement' letter was in 2010, and it is just signed by him with date and nothing else really there for anybody else to sign.
Now everybody bear in mind my landlord (son) lives right next door to me. About 20 feet away in fact. So, this is a situation that must be dealt with most carefully and with great diplomacy as anybody would agree. This son now collects the rent for the whole building since his father is getting older and getting out of the business.
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