If part of lease violates state law, is that part still enforceable?

[cloudeleven]

What is the name of your state (only U.S. law)? Arkansas

If a landlord gave someone less than 30 days notice (say on July 23) before the end of their lease term (say July 31 is end of lease term) that the rent would be going up if they renewed the lease, but state law says the tenant is supposed to get 30 days notice before a rent increase takes effect (thus the increase is supposed to take effect with the Sept rent due Sept 1 instead of the August rent due Aug 1), but the lease says the term and new rental rate begin on Aug 1 (thus violating state law), is the part of the lease stating new rental rate begins Aug 1 enforceable if the tenant signed it, even if that part breaks state law?

 

[justalayman]

If you signed a new lease, there was no rent increase. You simply signed a new lease with a specified amount of rent due monthly. It just happens to be more than what you used to pay.

 

[cloudeleven]

If you signed a new lease, there was no rent increase. You simply signed a new lease with a specified amount of rent due monthly. It just happens to be more than what you used to pay.

Does the state law requiring a landlord to give 30 days notice before a rent increase apply only to a rental increase during a lease term currently in progress, and not to a lease renewal? If so, say a tenant signed a 12 month lease for $700 and the landlord wants to raise the rent on month 8, the landlord would be violating the lease.

 

[Banned_Princess]

Does the state law requiring a landlord to give 30 days notice before a rent increase apply only to a rental increase during a lease term currently in progress, and not to a lease renewal? If so, say a tenant signed a 12 month lease for $700 and the landlord wants to raise the rent on month 8, the landlord would be violating the lease.

the purpose of a lease, is to pay the same rent for the whole lease. no increases, no changes.

you don't have to accept a rent increase, you can move out instead. don't sign the lease, and give your 30 day notice that you are vacating, and pay the old rent on the month of notice. (in writing, not verbally)

if you signed the lease at an increase, then you are agreeing to the increase for the next lease term. no matter when the ll told you about the increase.

the 30 day notice of rent increase is for month to month tennancies.

 

[justalayman]

Does the state law requiring a landlord to give 30 days notice before a rent increase apply only to a rental increase during a lease term currently in progress, and not to a lease renewal? If so, say a tenant signed a 12 month lease for $700 and the landlord wants to raise the rent on month 8, the landlord would be violating the lease.

unless the lease allowed for a rent increase during the term of the lease, there is no amount of notice that would make a rent increase allowable during the term of the lease. Once the lease expires, it is finished. If you sign a new lease, the terms of the new lease dictate the terms for the new lease period. There is no connection to the previous lease.

 

[cloudeleven]

unless the lease allowed for a rent increase during the term of the lease, there is no amount of notice that would make a rent increase allowable during the term of the lease. Once the lease expires, it is finished. If you sign a new lease, the terms of the new lease dictate the terms for the new lease period. There is no connection to the previous lease.

So you agree with Banned_Princess that the Arkansas state law requiring a landlord to give a tenant 30 days notice before a rent increase pertains only to a month-to-month tenancy?

 

[Banned_Princess]

So you agree with Banned_Princess that the Arkansas state law requiring a landlord to give a tenant 30 days notice before a rent increase pertains only to a month-to-month tenancy?

How about this, what does the lease say in regarding to the expiration of it.

does it auto renew? does it give you a time frame by which you have to notify him if you aren't going to renew? does it have an early release clause in it? does it revert to a month to month?

 

[cloudeleven]

How about this, what does the lease say in regarding to the expiration of it.

does it auto renew? does it give you a time frame by which you have to notify him if you aren't going to renew? does it have an early release clause in it? does it revert to a month to month?

The lease doesn't say anything about a time frame the tenant has to notify the landlord if they aren't going to renew. The lease says "Any holding over after the expiration of the term shall not constitute an extension or renewal, but shall result in a month to month term. If the unit sells, the lease terminates immediately and resident shall have 30 days to vacate the premises regardless of any other term or provision thereof."

 

[justalayman]

So you agree with Banned_Princess that the Arkansas state law requiring a landlord to give a tenant 30 days notice before a rent increase pertains only to a month-to-month tenancy?

please read my answer again. That is not what I said.