Can apartment raise rent during my lease?

Answer 1

NO: the LL must give you notice of the increased rent. However, if you signed a new lease with the increased rent provision then you will be held to have agreed to the raise because you had actual and constructive notice of the new provision. If your lease is for greater than one year it must be in writing to comply with the statute of frauds. If it's not, and you didn't sign a lease, then your election to holdover and the LL's decision to continue to accept rent implies a renewed lease at the SAME terms of the previous lease UNLESS the LL gave you prior notice of any changes.

Answer 2

No. Common sense will tell you, if the apartment is illegal, for whatever reason, he cant rent the unit from the beginning. No occupancy permits, etc. Much less raise the rent? No way. I would just tell him that you don't agree to this and tell him that you are aware that this is an illegal apartment and would he like to try this issue in a court of law? Im sure he will back down as he wouldn't want that as he would be exposed and subject to penalties from the city/county in which the apartment is situate. You now have a good bargaining chip.

Answer

If you have a written lease, he has to stand by that. If not, then you either pay or move. His legality is not your concern. You are a tenant only. However, it seems odd to me that he would raise the rent in these times when there are so many vacancies.

Answer 3

No, they cannot raise your rent while a lease is still in effect. But they often publish the higher rent amount to others whose leases are about to expire. When your lease comes up for renewal then you'll sign a new lease with a new rental rate.

Answer 4

Check the lease agreement for any language regarding rent increases. However, the typical answer is no. A lease is a contract for the use of property in which the meeting of the minds of two or more individuals agreed on a price and sealed the deal for the term of it.

It's a material breach of contract to change the value of that said contract without both parties agreeing too and modifying such writing in writing.

If the landlord is attempting to raise your contact rent, you can send the landlord notice of breach of contract. Simply forward them a copy of the lease with the portion regarding rent highlighted and the term of the lease (start and end date). Include a letter explaining that it's unlawful to raise the rent at this time and you will only pay your contracted rent until the end of the current lease. Also include that you will seek legal remedies should they place in effect any rental value increases during the active term of the lease.

If they still raise the rent anyways, pay only the portion required per your active lease. If an eviction notice comes (which it more than likely will not because this is not a matter that they want a judge to see - he/she will laugh them out of the courtroom), don't fear, simply go down to your local court house and file a unlawful eviction small claims suit, and be prepared to move!

Answer 5

if it says in your lease that they can - did you read it before you signed it ??