Landlord trying to raise my rent...

[RandK2002]

What is the name of your state? Colorado

My LL is trying to raise my rent in the middle of my lease because I have by boyfriend staying with me. I notified the LL In June right after I signed my lease and he had no problems with him being in my apartment.

Now in August my LL wants to raise my rent from $825 to $950 on September 1, 2006. My lease states I can have a maximum of 6 occupants and with 2 adults and 4 children that makes 6.

Can he do this and do I have to sign a new lease?What is the name of your state?

 

[yikes9999]

You have stated that the lease says "a maximum of 6 occupants". Are you sure there is no language that refers to a maximum length of stay for the six occupants, as if they are guests rather than tenants?

Is it a boilerplate type lease from your area, or something the landlord drew or had drawn up for himself?

Did you notify your LL in writing about the additional tenant? Is there any language in your lease that requires you to do so?

 

[RandK2002]

You have stated that the lease says "a maximum of 6 occupants". Are you sure there is no language that refers to a maximum length of stay for the six occupants, as if they are guests rather than tenants?

Is it a boilerplate type lease from your area, or something the landlord drew or had drawn up for himself?

Did you notify your LL in writing about the additional tenant? Is there any language in your lease that requires you to do so?

Reply:
I am the sole responsible party listed on the lease, my children were not listed. It states in Use/Alterations: The tenant shall use and occupy the Premises only as a private residence with a maximum occupancy of 6 people and shall not use the Premises for any purpose prohibited by the Laws of the United States Of Colorado, or the ordinances of the city or town in which the Premises are located.

It does not state anywhere in my lease to notify my LL in the event of adding another tenant onto the lease. I gave him notice the day my boyfriend moved in on June 14, 2006. I signed my Lease on June 1, 2006 and it ends on December 31, 2006.

I have offered to give him information needed on my boyfriend on numerous occasions, but he refuses to take it.

 

[yikes9999]

Let's say he can't legally raise your rent or re-negotiate your lease until the end of the year. You can refuse to pay the additional monies, recognize that he is unreasonable, and prepare to move at Christmastime.

Have you and your boyfriend tried to arrange a personal meeting w/LL?

Is this a large property with lots of apartments or a smaller situation?

 

[RandK2002]

Let's say he can't legally raise your rent or re-negotiate your lease until the end of the year. You can refuse to pay the additional monies, recognize that he is unreasonable, and prepare to move at Christmastime.

Have you and your boyfriend tried to arrange a personal meeting w/LL?

Reply: Yes.. The LL comes to the property 2-3 times a week and out of those 2-3 times he is at my apartment twice. I have tried to remedy the situation and he has threatened to evict me and my family. All that I could tell him, is do it legally... Then he comes again and apologizes and says how he wants to raise my rent even more.. At first it was only at $900 in July and now he wants it at $950. He will continue until he gets us out.

Is this a large property with lots of apartments or a smaller situation?

Reply: The property has 2 buildings on it, not very large.. building 1 has 6 apartments with 1-2 bdrms. and the one I live in on the same property building 2 has 4 apartments with 3bdrms. I am not the only one he has harrassed in my complex. He has harrased 3 out of 4 in my building alone including myself.

I have realized we may have to move at the end of the year. I just do not know how to approach him to tell him that I will refuse to sign a new lease until mine expires, and that I will refuse to pay the additional monies, but I will continue to pay the $825 as what my current lease states. If you or anyone may have some suggestions on how to approach my LL with this I would appreciate it very much.

Oh and I forgot too, since I have moved in, he was aware of some needed repairs of no fault to me, and since June he has done nothing about it. I have giving the posing manager a list and she has her own, when he came yesterday I told him again, he came into my apartment to look at them, said he remembered they needed to be fixed and said he will fix it as soon as he can. I sent out a formal letter asking for the repairs to be fixed and haven't gotten a reply just yet.

Thank You Yikes for helping me with this situation, my family and I appreciate it very much, I am at such a loss here and so confused yet afraid for my children as well.

 

[weenor]

Take a copy of your lease to a local lawyer to make sure...we can't see the entire lease and there may be something you are missing.

 

[RandK2002]

Take a copy of your lease to a local lawyer to make sure...we can't see the entire lease and there may be something you are missing.

Reply: I have had a Local Landlord/Tenant Counselor help me by looking at it. He said I am not in breach of my lease and that the LL is harrassing me, He said that the LL was jealous of my current situation because when I moved in I was a single mom of 4 kids and now I have a boyfriend staying with me.

I just wish I could post the whole lease on here.. Would I be able too? Would it take up too much room? I would be able to delete it from here if I did right?

 

[nextwife]

THere is NO langi\uage anywhere that states that parties not named in the lease application must be approved/authorized for occupancy by the LL?

 

[RandK2002]

THere is NO langi\uage anywhere that states that parties not named in the lease application must be approved/authorized for occupancy by the LL?

Reply: No where in my lease does it state that parties not named in the lease application must be approved/authorized for occupancy by the LL.....

Only thing stated is for: No Sublease/Assignment. - The Tenant shall not sublet any part of the premises nor assign the Lease, or any interest therein, without the written consent of the Landlord.

I am not subletting my apartment to anyone so that does not count. I have read it over and over and over again....

 

[yikes9999]

Why is the LL at your apartment twice a week - to confront you about the illegal rent raise?

Did your "Local Landlord/Tenant Counselor" advise you how to respond to what he/she characterized as "harassment"?

Do you have a local television station with a consumer protection type department? You know, the ones who take interest in these type of stories? I received a call once from a tv reporter in Boston who was responding to a complaint from a crazy customer who simply could not be satisfied. Thankfully I was able to convince the reporter that the complaint was groundless, but it sure shook me up that I could be blasted all over a Boston area network for bad business practice!

Continue to pay your rent as per the lease agreement, and make sure you give notice as written therein (30 days?) that you will be leaving upon its termination. If he gets nasty with you, call the police. Good luck.

 

[RandK2002]

Why is the LL at your apartment twice a week - to confront you about the illegal rent raise?

Reply: When he comes it is always about getting me to sign a new lease, and how much more he wants to raise my rent.

Did your "Local Landlord/Tenant Counselor" advise you how to respond to what he/she characterized as "harassment"?

Reply: The counselor said for me to continue paying my current rent amount, and for me to give him written notice of the harrassment and to ask him to stop, then if he is to persist on harrassing me and my family, he told me to call the police, for the LL is not allowing me the enjoyment of my apartment and is causing me to stress out.

Do you have a local television station with a consumer protection type department? You know, the ones who take interest in these type of stories? I received a call once from a tv reporter in Boston who was responding to a complaint from a crazy customer who simply could not be satisfied. Thankfully I was able to convince the reporter that the complaint was groundless, but it sure shook me up that I could be blasted all over a Boston area network for bad business practice!

Reply: I never thought of calling the local news station, I think I will look into that more today, I appreciate this idea... Will let you know how it turns out.

Continue to pay your rent as per the lease agreement, and make sure you give notice as written therein (30 days?) that you will be leaving upon its termination. If he gets nasty with you, call the police. Good luck.

Reply: I will do that, and I need to write him a letter. Thank You very much.

 

[RandK2002]

UPDATE: HERE IS A LETER I RECEIVED FROM MY LL TODAY 8/7/06.

Dear (my name),

As per our discussion the other day I will have to raise your rent to $950.00 starting September 1st. since (my boyfriend's name) is part of my houshold. I will need to put a new lease in place for six (6) months.

As (my boyfriend's name) is not working at this time I am concerned about how he supports himself. Therefore, as I discussed with you if he works the entire month of September full time, forty hours a week and can prove his employment I would consider reducing your rent for the following month. Therefore, the next month would be October and the rent could be $900.00. Should he not be employed for the full month of September as stated above your rent would continue to be $950.00. To qualify to have your rent reduced, I will of course need to be completely satisfied with the documentation presented to me as a true and accurate accounting reflecting (my boyfriend's name) employment hours, pay etc.
Thank you for your time in this matter.

Sincerely,
(name of LL)

NOW**************I work full time and my boyfriend helps me with my 4 children, and he is currently looking for work since the kids are going back to school on August 22, 2006. I am in the process of writing the LL a letter in regards to his improper rental increase during my current lease. If you have any suggestions, please feel free to help me.

 

[xylene]

NOW**************I work full time and my boyfriend helps me with my 4 children, and he is currently looking for work since the kids are going back to school on August 22, 2006. I am in the process of writing the LL a letter in regards to his improper rental increase during my current lease. If you have any suggestions, please feel free to help me.

Your bf could be an sponging deadbeat. (I am sure he isn't)

Its a non-issue.


A reply.

Dear Landlord.

I do not consent to your request to void my current lease.

Your intent to raise my rent is arbitrary, and I DO NOT CONSENT. Payment of my current lease does not equal my acceptance of any other lease.

I have no intention to enter into a new lease until the current lease has expired, if at all.

Should I not be renewing, I will give you all the lawful notice required.

I am the lawful tenant of this apartment with rights guaranteed by the laws of the State of Colorado and specific rights enumerated within my current lease.

At this time I am specifically invoking my rights, in particular, my right to quiet enjoyment.

My lease specifies a permitted occupnacy level, and I am in compliance.

I owe you no other explanaitions or monies.

I will not tolerate further contact concerning this matter, either verbally (in person or by telephone) or by mail.

I wish to again make it crystal clear that I do not consent a rent increase.

Thank you and good day.

 

[RandK2002]

Reply to xylene:

I so appreciate someone willing to help... I have saved your letter if that is ok...I would like to show you what I wrote as well......I like the way yours is stated...

Here is my letter:

August 7, 2006

LL name and address

Re: Notice to Landlord: Improper Rent Increase

Dear LL,

I am your Tenant at the following premeises:

My address

This Letter is to provide you with legal notice that I consider the recently announced increase in my rent (from $825.00 per month, to $950.00 per month) to be in violation of our Lease Agreement, and accordingly I refuse to pay said increase. I intend to abide by our six (6) month Lease Agreement and pay the rent stated as $825.00 until the end of my Lease Term which ends on December 31, 2006 at twelve o'clock noon. At that time if you wish to raise the rent upon signing a new lease, I will pay rent accordingly, unless you wish to terminate my residency at the end of my Lease term. I will expect this to be done in writing and I will submit my termination at the end of my Lease term, sent to you within thirty (30) days prior to December 31, 2006.

You have no basis within our contract enabling you to increase my rent. If a lease exists the rent is locked in for the term of the lease.

I bargained for, and agreed to paying rent at $825.00 per month for a three(3) bedroom, two (2) bathroom apartment.

I expected you to relent in your demand for rental increase by more than 10%, due to the fact that I have a "guest" staying in my apartment, where in the lease it states: c. Use/Alterations. The Tenant shall use and occupy the Premises only as a private residence with a maximum occupancy of 6 people and shall not use the Premises for any purpose prohibited by the laws of the United States or the State of Colorado, or of the ordinances of the city or town in which the Premises are located.

I will consider any further demands by you to be on the level of reckless and/or intentional wrongful conduct, and you should carefully consider the legal rights as a Tenant I may have as far as Landlord/Tenant harrassment and the ability to enjoy and/or interfering with my tenant's right to "peaceful possession".

Sincerely,

My name

 

[xylene]

sounds great except

I expected you to relent in your demand for rental increase by more than 10%, due to the fact that I have a "guest" staying in my apartment, where in the lease it states: c. Use/Alterations. The Tenant shall use and occupy the Premises only as a private residence with a maximum occupancy of 6 people and shall not use the Premises for any purpose prohibited by the laws of the United States or the State of Colorado, or of the ordinances of the city or town in which the Premises are located.

I would omit this.

You don't need to play semantic games (BF is an occupant, not a guest, and that is OK)

You don't (and shouldn't) even recognize his claim.

His justification for the increase doesn't have to be wrong or unreasonable.

You are not violating the lease and you have a flat out right to say NO.

Otherwise sounds good.

Good luck