Lease with Auto-Renewal Clause & Rent Increases

[sandyclaus]

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

I have a friend who asked me this question, and I wasn't sure how to answer it. Here's the scenario:

Tenant has a written lease with an auto-renewal clause, and a clause that requires 60 days notice prior to term end if the tenant choose not to renew and terminate instead.

At 30 days prior to the term end, the LL gives tenant a notice of rent increase to take effect at the beginning of the next month, coinciding with the beginning of the new lease term after auto-renewal. The lease DOES NOT address the issue of a rent increase beginning with the auto-renewed term. Additionally, the LL presents a new lease to tenants that reflects that increased rent, which they have yet to sign. The new lease term (auto-renewal) went into effect as of October 1st.

In my understanding of lease auto-renewals, other than the effective dates, all other lease terms always remain the same unless otherwise specified in the lease itself.

Can the LL enforce such an increase, or would it require that the tenant agree by signing a new lease reflecting the increased rent?What is the name of your state (only U.S. law)?

 

[JETX]

The landlord must comply with the lease, just as the tenant must.
Based solely on the information in your post, the landlord cannot force the tenants to enter into a new lease without providing the required 60 day notice. The existing lease will auto-renew as it is.

HOWEVER, if the existing lease provides a method for the landlord to change the rent UPON LEASE END (prior to auto-renew), then the tenant would have 30 days to either accept the lease change.... or reject it and move.

Of course, everything depends on the SPECIFICS of the existing lease which we cannot review.

 

[Banned_Princess]

The landlord must comply with the lease, just as the tenant must.
Based solely on the information in your post, the landlord cannot force the tenants to enter into a new lease without providing the required 60 day notice. The existing lease will auto-renew as it is.

HOWEVER, if the existing lease provides a method for the landlord to change the rent UPON LEASE END (prior to auto-renew), then the tenant would have 30 days to either accept the lease change.... or reject it and move.

Of course, everything depends on the SPECIFICS of the existing lease which we cannot review.

Would that be a problem because tenant had to tell LL 60 days before renewal that he did'nt want to stay on?

 

[sandyclaus]

The landlord must comply with the lease, just as the tenant must.
Based solely on the information in your post, the landlord cannot force the tenants to enter into a new lease without providing the required 60 day notice. The existing lease will auto-renew as it is.

HOWEVER, if the existing lease provides a method for the landlord to change the rent UPON LEASE END (prior to auto-renew), then the tenant would have 30 days to either accept the lease change.... or reject it and move.

Of course, everything depends on the SPECIFICS of the existing lease which we cannot review.

The existing lease already auto-renewed as of October 1st.

Some further info and questions for clarification:

The existing lease states that no less than 60 days notice must be given if either the tenant or LL intends not to renew.

Am I to understand that this means it would auto-renew WITH THE SAME TERMS, including RENT, if the LL failed to give the same 60 day notice that he intended to increase the rent for the auto-renewal?

I'm finding out that there was some provision for rent increases, but unsure of what it says specifically. Will update as soon as I have that info so I can get a specific answer.

But, you say that if the existing lease provides a method for the landlord to change the rent UPON LEASE END (prior to auto-renew), that the tenant would have 30 days to either accept the lease change.... or reject it and move. Doesn't this contradict the lease terms stating 60 days is required to terminate? If the LL attempts to increase the rent less than 60 days before lease end to take effect upon auto-renewal, does this somehow negate that clause & reduce the time that the tenants now are allowed before terminating the lease if they choose to do so?

Thanks for your clarifications here given what you have to work with. Much appreciated.

 

[sandyclaus]

UPDATE: Specific Lease Wording

The lease simply states the landlord reserves the right to increase the rent...that's it. The rent increase notice received was well after the required 60 days notice (it was received at 20 days prior to the beginning of the new lease term).

The auto renewal states that if the lease is not renewed and notice is not given the tenant may stay and the lease will be renewed with the original terms upon landlords approval.

Does the response JETX provided still apply given the lease wording?