This is lengthy, complex & challenging, but I really want to keep this apartment! :(

[simetra]

What is the name of your state? BALTIMORE CITY, MARYLAND

The #1 question I have regarding this situation, after I explain and quote all pertinent information, is ...

"Do I still have a chance at renewing this lease, or has the landlord completely, morally & ethically, screwed me, and I have to move out?"

OK, so we've rented this apt. for almost a year. The lease was signed 4/29/06 and full rent ($675 per month) was paid, though we didn't gain access until 5/4/06. Fine. Although many of our maintenance requests have never been acknowledged or addressed, we've remained model tenants. Never bothered the landlord unless it was an emergency. We'd planned on renewing, and our lease DOES include an 'automatic renewal clause'. Here are excerpts from the lease:
TERM: The lease term will begin on May 1, 2006 and will end on May 31, 2007.

(For starters, this is clearly a 13 month period of time, which is fine, but recall the contract 'end date' when I bring up the 'renewal notice' later.)

RENEWAL TERMS:This Lease shall automatically renew for an additional period of 1 year per renewal term, unless either party gives written notice of the termination no later than 30 days prior to the end of the term or renewal term. The lease terms during any such renewal term shall be the same as those contained in this Lease except that the lease payment shall be $700.

(One concern of mine is that if a written notice has to be given regarding termination OR renewal, and either issued by the tenant OR landlord, shouldn't the "no later than 30 days prior to the end of the term" clause apply as a the definitive, fair deadline under most circumstances?)

ENTIRE AGREEMENT/AMENDMENT:This Lease Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

(If the landlord sends a notice to the tenant regarding renewal, and imposes their own 10 day deadline to reply- which, in this case, happens to STILL be 60 days from the end of the term- and doesn't actually SIGN IT, is the tenant still obligated to honor the requested 10 day reply deadline, or do they still have until "30 days prior to the end of term" to decide?)

SEVERABILITY: If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

(This section I'm not sure about, but it sounds like a load of BS to save the landlords ass in court, or something.)

So, on 3/20/07 we received a letter that was casually, if not almost BARELY, slid through our mailslot when we weren't home (so the question of delivery arrises). It reads as:


DATE: ___March 19, 2007___

Dear xxx,

Like everyone else, we have been experiencing ever mounting cost in labor, utility charges, insurance and general upkeep. We cannot absorb these increases and still maintain the high standards, which we are sure you would like to see continue. Accordingly, we must hereby give you notice that your lease for the above referenced apartment will terminate on the expiration date set forth herein above and will not be renewed at the present rent. However, we are prepared to enter into a new lease with you so that you may continue in posession after that date. The terms of the new lease are as follows:

NEW LEASE TERM OF ONE YEAR

Commencing: __May 1, 2007__
Security Deposit: __Same__
Rent Per Annum: __Monthly $700.00__
Payable at: __Same Address__

Except as modified all other provisions of the existing lease shall be the same and remain in full force and effect.

It is important that you give this matter your immediate attention. If you intend to renew your lease on the terms set forth herein, please sign and return one copy of this letter. At the anniversary date of the new lease term, please forward a check for _$0_ representing the difference between the security deposit on hand and new security deposit we will require, as set forth above. As a precaution against any misunderstanding, this lease amendment will become effective only after you have forwarded your acceptance, and we have returned one (1) of the copies countersigned by us. If we do not receive your acceptance within ten (10) days from the date hereof, we will assume that you do not intend to renew your lease. We will begin to close out your account. Please return by __April 1, 2007__. (There are 4 blank areas for tenants and Property Managers to sign, none signed.)

A few days later we receive another note under the door,...it's not dated so I'm not sure when it was. It simply reads : Dear Tenant, We regretfully have been notified that you are leaving. In order to assist you and future tenants we are requesting that you complete this survey and forwarding information. (It has spaces for Name, New Address & Phone, Reason for leaving, and date) Please include any comment that would assist us in better servicing future tenants. Thank you and good luck at your new residence!

Oh the irony!

In addition to this documentation, a phone conversation on 4/4/07, during which the landlord aggreed to waive any late fees for Aprils rent because we'd been waiting (and discussing) for months for maintenance to come by and assess several upgrades to plumbing, leaky faucets and toilet, the addition of light fixtures to all bare bulbs (all done by my stepfather because the property managers were unresponsive to my letters/complaints) in order to issue us a rent credit. I told her that the renewal notice would be returned with the rent and various other receipts. Maintenance (landlords brother) finally came by, at their convenience, on 4/11/07, all the while knowing that our rent check was waiting on them (as per several conversations). He had previously agreed to pick up our rent, etc, when he came by, but at this point chose not to, refering me to his sister, the landlord, because apparently she has been contacted by an interested party that has wanted to rent this space since LAST YEAR when we signed our lease - THE PLOT THICKENS-, but we had apparently beat them to it. This particular prospective tenant will be signing a commercial lease (space is zoned residential and commercial), and apparently paying a higher monthly rent (this has been admitted to me verbally by landlord on 4/4/07, along with the fact that they'd ALREADY RECEIVED A LEASE, and that we hadn't returned our renewal acceptance within the 10 day deadline, as specified).
(*Note: possible motive to not play by the rules is the anticipated commercial lease and extra income for them!!)

So after playing the passive role with the landlord, and trying to explain the possibly miscommunication over the week prior, and explaining how much work we've done to the place to not only make it a home, but to even increase the property value...and everything but begging....they continue to tell me they're 'in a jam'...or that they've...'already gave a lease to this other business owner person'...that there's 'nothing they can do because we missed the renewal deadline', etc.

HERE"S WHAT I'M THINKING.....and needing professional advice about!
-Our lease contains an 'automatic renewal clause' and ALREADY specifies the increase in rent to $700 upon renewal, so the landlord didn't even need to send the rent increase notice.
-Our contract ends on May 31, 2007, according to the original lease, and the commencment date on the renewal notice is May 1, 2007, which is incorrect.
-If our lease ACTUALLY DID end APRIL 30, I can see why they'd ask for a reply to renewal offer by April 1st (30 days as stated in lease), but since it doesn't end until May 31, don't we technically have until May 1st to accept the renewal, regardless of the automatic renewal clause in the lease, regardless that the date to enter into a new lease on renewal notice is incorrect, and regardless of the fact that they shouldn't have sent the notice since the rent increase was already in our lease and we'd planned on just taking advantage of the auto renewal??

I am losing my mind over this, because I feel there are some loopholes and technicalities I can use to my advantage here, but I need to know for sure. I really want to stay here, so can someone help? I still have about 50 days until the end of the term.

Thanks so much in advance!

[Cvillecpm]

Accept their offer of additional 12 month renewal at the increased rent...why the "drama"?

[LindaP777]

Or give your notice and move out.

[acmb05]

Originally Posted by Cvillecpm

Accept their offer of additional 12 month renewal at the increased rent...why the "drama"?

I don't see the problem either. They offered a new lease at the same price as the automatic renewel rate.

[simetra]

The renewal offer wasn't returned to them by April 1st (the 10 day deadline they gave me), but according to the dates printed on that notice (issued March 19th with a new lease commencement date of May 1st) there wasn't the required 60 day notice given by the landlord. Doesn't that make it invalid?

I WANT to renew, but they're saying I didn't respond in time. I'm asking if there's any technicalities in the paperwork that will benifit me so that I can STAY, and take advantage of my automatic renewal.

[BL]

Have you pointed out the discrepancies to the LL , and request you be allowed to renew ?

If you have ask , have they denied your request ?

Quit honestly , the date to : was an error , whereas you had a 12 month lease .

It really would be up to a Judge if you were being evicted ( the court might give you extra time to stay and pay ) , but quite honestly , I don't see a Court allowing the 12 month renewal . ( but don't count on extra time either ).

You should have discussed this discrepancy a LONG ... time ago .

Often times , issues like this could be resolved by talking to the LL way ahead of time .

[simetra]

Originally Posted by Blonde Lebinese

Have you pointed out the discrepancies to the LL , and request you be allowed to renew ?

If you have ask , have they denied your request ?

Quit honestly , the date to : was an error , whereas you had a 12 month lease .

It really would be up to a Judge if you were being evicted ( the court might give you extra time to stay and pay ) , but quite honestly , I don't see a Court allowing the 12 month renewal . ( but don't count on extra time either ).

You should have discussed this discrepancy a LONG ... time ago .

Often times , issues like this could be resolved by talking to the LL way ahead of time .

I am planning on bringing it up to the LL, but want to be sure I have a leg to stand on. If my lease doesn't specifically state '12 month' or '1 year' term (it only vaguely alludes to it in other sections), yet that's what was presumed and discussed at the signing, I'm confused as to whether or not the miscalculated end date on my lease even applies?

If it doesn't, then I basically want to go to the LL and say ...

"My lease ends April 30....the end date on the lease is a typo....Hence, the rental increase/renewal notice you sent me that I didn't return in time is invalid because I received it March 20, which does not qualify as a 60 day notice, as required by law. So we're staying."

Can I do this??

It's a rental increase notice/renewal at higher rent notice, so I am assuming it doesn't fall under the terms described in the automatic renewal clause of my lease.

Or am I wrong about this?

[Zigner]

Originally Posted by simetra

I am planning on bringing it up to the LL, but want to be sure I have a leg to stand on. If my lease doesn't specifically state '12 month' or '1 year' term (it only vaguely alludes to it in other sections), yet that's what was presumed and discussed at the signing, I'm confused as to whether or not the miscalculated end date on my lease even applies?

If it doesn't, then I basically want to go to the LL and say ...

"My lease ends April 30....the end date on the lease is a typo....Hence, the rental increase/renewal notice you sent me that I didn't return in time is invalid because I received it March 20, which does not qualify as a 60 day notice, as required by law. So we're staying."

Can I do this??

It's a rental increase notice/renewal at higher rent notice, so I am assuming it doesn't fall under the terms described in the automatic renewal clause of my lease.

Or am I wrong about this?

Let's look at this realistically. You REALLY want to stay here. Your LL wants to raise the rent. If you don't agree to it this month, then you will be forced to next month anyway. But, by then, do you really think your LL will want to deal with you any more? You can expect to have your lease terminated at the end of it's term...whether that's 12 total months or 13 total months.

[simetra]

Zigner - I am fine with the rent increase, in fact it's already included in the original lease I signed a year ago (in the auto renewal section). The LL is saying I missed the 10 day deadline to return the renewal including the rent increase. I'm saying that since they didn't give proper 60 day notice when they issued it, isn't it null and void?

Btw,
Contrary to how annoying I may be here, I've been a fine tenant and the LL has no problem with me. I just need to sort this out before I run out of time.

[IrishNodak]

I get the feeling that NONE of you read her ENTIRE original post. She isn't arguing the rent increase, the renewal, or even really the dates. She WANTS to stay. However, the LL is saying, since they didn't get the letter returned to them within that 10 day time frame they asked for, they ASSUMED she would be vacating/not renewing the lease. They CLAIM they have now RENTED her apartment to SOMEONE ELSE.

So...her question is can they do that based on the facts:

Her ORIGINAL lease has an AUTOMATIC RENEWAL UNLESS EITHER PARTY GIVES 60 days notice to the contrary. She was intending to stay and did not give notice as there was NO REASON to, per the auto renewal clause terms. They did not give HER 60 days notice to leave. They still haven't. But say she can't stay.

2nd Fact: If the apt. manager is trying to say that the letter asking for "acknowledgment" that she was renewing is valid for 2 reasons. 1. The dates are off. 2. There was no reason for her to acknowledge staying when if she was leaving she would have let them know per her original lease terms.

Why is this so hard for all of you to get?

OP: I think you are screwed for the following reasons. Irregardless of the fact you were waiting on repairs, rent pick up, etc... if you KNEW you were staying, you should have simply signed and returned it and this would not be an issue. You keep stating it wasn't signed by them but they told you that once they received your signed copy they would sign it and return a copy to you. You knew that 10 day window was important and you ignored it. You followed up with VERBAL conversations that your lease clearly state aren't valid. I agree their letter wasn't "necessary" but many LL's do that as a reminder to the tenant. That way they know if they need to start listing the property.

You also ignored the 2nd notice stating they were assuming you were leaving.

However, I believe you have a great point that THEY did not honor the 60 day notice but all that will get you is further time. I also believe they are wrong how they did this, but you can't force them legally to let you stay. Even if they did, then all they'd have to do is find a reason to evict you after another month or two. Again, why didn't you simply sign and return the letter?

As a side note, did you document in writing to them all the repairs that need doing? Because if not, they will now deny them and you will most likely lose your security deposit for some of them.

I really don't know the legal answers so hopefully your post will get some more replies from others who "get it".

You need to start acting now tho'. Those 50 days will go by fast and it's not much time to find another place, move, etc... Good luck!!

[simetra]

Finally, someone gets it!

What I will say, as additional info, my bf and I were in a peculiar position (arguement, relationship probs, etc....not a valid excuse, just an honest reason) when we received the notice, so since neither of us were sure if we wanted to renew, we sorta f-ed up and neglected to pay as much attention to the notice as we should have.

HOWEVER, I have recently discovered that the law (for Baltimore City) requires the landlord to give a 60 day notice of a rental increase (which is basically the primary intention for the notice)....and also states that a landlord cannot legally include a provision in the lease (ex. 30 day notice in our renewal clause) that contradicts the law....they can only agree to a LONGER period of time for notice.

So with all that considered, I'm thinking that since the notice they sent wasn't within the required 30 day notice, then it shouldn't be valid. Thai IS, considering the fact that the typo within the end date of the lease can legally be disregarded...?