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My contract states that after the lease ends, it will be renewed automatically to month-to-month until a 60 days notice given by either party. The owner (huge apartment complex) wants to charge a month-to-month fee. First they wanted to charge $100 extra, then said $300. I refuse to sign a new one since I do not have to, according to my lease. And also refuse to pay extra since the contract does not allow/mention the increase. Am I right that if there is no info in the agreement that there will be extra fee, they have no right to charge it?
My contract states that after the lease ends, it will be renewed automatically to month-to-month until a 60 days notice given by either party. The owner (huge apartment complex) wants to charge a month-to-month fee. First they wanted to charge $100 extra, then said $300. I refuse to sign a new one since I do not have to, according to my lease. And also refuse to pay extra since the contract does not allow/mention the increase. Am I right that if there is no info in the agreement that there will be extra fee, they have no right to charge it?
I'm sure it will depend on the rental laws in your state. Experts please correct me if I'm wrong, but I think they can change the rent to whatever they want (adding that fee may be their way of raising the rent) as long as they notify you of the increase a specific number of days in advance. When does your current lease end? If you got this notice more than 30 days in advance (the minimum might be 60...again, may depend on location), they have just satisfied the advance notice requirement. If you refuse to pay the new rent once your current lease converts to month-to-month, start packing.
My contract states that after the lease ends, it will be (revert) to month-to-month
until a 60 days notice given by either party.
Am I right that if there is no info in the agreement that there will be extra fee,
they have no right to charge it?
Subject to an informed person reading the rest of the lease... I'll agree with you.
Of course the owner still has the right to raise the rent after 60 days.
It is common to charge a month-to-month fee after a lease expires. The landlord would rather lock you in for another year and provide you a "bulk rate discount" for it than have the uncertainty of going month-to-month. You pay extra for that flexibility. However, the amount should have been specified in your contract.
From my own personal experience, when my lease expired on my apartment (this was years ago), there was no stipulation about a month-to-month fee. They wrote up a new lease and I simply refused to sign it. I didn't tell them I wasn't going to sign it. But I kept writing the checks every month as if I was not on a lease. The following year, they raised the rent. Not by much, like $30/mo. So I doubt that was their month-to-month fee.
I lived there for 4 years. I never signed a second lease. I simply paid the rent specified in the lease that I didn't sign. It worked out in the end because eventually I decided to move. I wasn't "locked in" to a lease. There was no fee for breaking the lease, since I had never signed it in the first place.
My contract states that after the lease ends, it will be renewed automatically to month-to-month until a 60 days notice given by either party. The owner (huge apartment complex) wants to charge a month-to-month fee. First they wanted to charge $100 extra, then said $300. I refuse to sign a new one since I do not have to, according to my lease. And also refuse to pay extra since the contract does not allow/mention the increase. Am I right that if there is no info in the agreement that there will be extra fee, they have no right to charge it?
If you don't pay the increased amount, they will be happy to provide you the 60 day notice to vacate.
Unless your original lease doesn't allow for it and they never actually terminated that lease, they have the right to offer you a new lease which will include whatever increase they desire.
If your original lease didn't allow for any sort of renewal, you might not have an option. If it did, but they terminated it the way they are supposed to (by providing adequate notice), then they can offer you a new lease.
If the original lease doesn't convert to month-to-month and they just want to start charging a month-to-month fee that wasn't specified in the original lease, they need to properly terminate the old lease before they can renegotiate a new rent or add a month-to-month fee.
In general, it is very reasonable for month-to-month to be more expensive because it costs a lot to turn over a unit, which you are telling them will likely happen much sooner since you don't want an annual lease. If people are in an apartment for many years, that's a lot less downtime and renovations than if they move out every 3-6 months as is likely with month-to-month.
I think it is unclear from your original questions exactly what the situation is. What does the original lease actually say about renewals, terminations, and increased rent? Have they actually given you anything in writing? Why are they not even sure how much the increase will be? If it were us, we would tell you we are terminating your old lease and offer you a new lease with the terms we prefer.
Without seeing your lease, it's impossible to tell.
More than likely you had a "concession" included in your original lease that reduced the effective rent. This "concession" disappears in the absence of a lease - at least that's how the vast majority of the large corps run in my market.
If they've given you 60 days notice of the increased rental rate, they're compliant with the lease.
My contract states that after the lease ends, it will be renewed automatically to month-to-month until a 60 days notice given by either party. The owner (huge apartment complex) wants to charge a month-to-month fee. First they wanted to charge $100 extra, then said $300. I refuse to sign a new one since I do not have to, according to my lease. And also refuse to pay extra since the contract does not allow/mention the increase. Am I right that if there is no info in the agreement that there will be extra fee, they have no right to charge it?
Leases that I write, are done in that manner. They go for one-year then they change to a 'month-to-month' basis.
If the landlord wants to increase the rent, I think he should try to get you to negotiate a new lease.
Changing the rent on an existing lease does not sound legal, to me.
But really you need to get a local lawyer into the conversation.
btw, I have never raised the rent on any of my tenants, ever.
Leases that I write, are done in that manner. They go for one-year then they change to a 'month-to-month' basis.
If the landlord wants to increase the rent, I think he should try to get you to negotiate a new lease.
Changing the rent on an existing lease does not sound legal, to me.
But really you need to get a local lawyer into the conversation.
btw, I have never raised the rent on any of my tenants, ever.
When it is a month to month all that needs to be given it proper notice for an increase. I'd be shocked it there was a lease that would tie a landlords hands in such a manner. Yes during the initial term the rent is fixed but once that initial term ends, even when that lease converts to month to month automatically, any and all terms of the lease can be changed with proper notice. I'd consider proper notice the length of time it takes to end the agreement, in the OPs case 60 days, but state law could alter that requirement.
When it is a month to month all that needs to be given it proper notice for an increase. I'd be shocked it there was a lease that would tie a landlords hands in such a manner. Yes during the initial term the rent is fixed but once that initial term ends, even when that lease converts to month to month automatically, any and all terms of the lease can be changed with proper notice. I'd consider proper notice the length of time it takes to end the agreement, in the OPs case 60 days, but state law could alter that requirement.
I have had tenants come to me wanting to re-negotiate their lease at the 1-year anniversary.
Though the majority of our tenants have been content to let the sleeping dog lie.
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