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Texas - Forced to yearly lease from month to month and massive rent increase

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skeeter8000

Junior Member
What is the name of your state (only U.S. law)?
Texas

Hello I have been living in my apartment for 1.5 years. I was originally in a a 1 year lease so have been month-to-month for the last 6 months.

I just received an email from my (new) landlord requiring me to sign a new year lease. And also raising my rent by $250 per month! I know there is no rent control in Texas but..

- Can they legally force me to go to an anual lease if I'm currently month to month?
- If I choose not to sign a lease, how much notice to they need to give me? Is it just 30 days?
- Is there anything I can do to fight back against such a large rent increase?

Thanks!!
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)?
Texas

Hello I have been living in my apartment for 1.5 years. I was originally in a a 1 year lease so have been month-to-month for the last 6 months.

I just received an email from my (new) landlord requiring me to sign a new year lease. And also raising my rent by $250 per month! I know there is no rent control in Texas but..

- Can they legally force me to go to an anual lease if I'm currently month to month?
- If I choose not to sign a lease, how much notice to they need to give me? Is it just 30 days?
- Is there anything I can do to fight back against such a large rent increase?

Thanks!!
I suspect that they want you to move...and this is their way of encouraging that you do without actually having to give you notice. You can decline to sign a year's lease, but I suspect that if you do, they will either give you notice to leave, or give you notice of an even bigger rent hike.
 

Zigner

Senior Member, Non-Attorney
I suspect that they want you to move...and this is their way of encouraging that you do without actually having to give you notice. You can decline to sign a year's lease, but I suspect that if you do, they will either give you notice to leave, or give you notice of an even bigger rent hike.
If the OP signs a year lease, then they can't just give him notice to move or give a bigger rent hike (for the term of the lease.)

My thought is that the LL has decided that, for $250 more per month, he can put up with the OP for another year.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)?
Texas

Hello I have been living in my apartment for 1.5 years. I was originally in a a 1 year lease so have been month-to-month for the last 6 months.

I just received an email from my (new) landlord requiring me to sign a new year lease. And also raising my rent by $250 per month! I know there is no rent control in Texas but..

- Can they legally force me to go to an anual lease if I'm currently month to month?
- If I choose not to sign a lease, how much notice to they need to give me? Is it just 30 days?
- Is there anything I can do to fight back against such a large rent increase?

Thanks!!
They're not FORCING you to do anything. They are giving you an option. No one said you had to accept it.

You don't have to agree to sign a fixed term lease. You could remain a month-to-month tenant for as long as the apartment complex allows you to remain there. You didn't specify whether or not the rent increase applies to only the lease or to the tenancy in general. If it only applies to the lease, then you could remain as a M2M while paying the same amount of rent you are now paying, unless and until the management provides you with a notice of a rent increase (30 days advance written notice is required).

If you choose not to accept the rent increase or sign the lease, they would have to give you 30 days' written notice to terminate the tenancy.

Since there is no rent control ordinance, there is nothing you can do to fight back against such a sizeable rent increase. As has already been suggested, some LLs impose a huge rent increase not only because they can, but because they are trying to encourage you to move out. It sounds like this may well be the case - you have worn out your welcome there and the LL is ready for you to move out and move on.
 

skeeter8000

Junior Member
Thanks. There's no way I'm paying a 30% increase in rent. I will at least try to negotiate with the owners.

I was hoping for more than 30 days to have to find a new apartment but maybe that can be negotiated as well.

Also, there's no reason they would want me to move out. They just want to get more rent. I.e., they're not trying to clear out the units etc.
 

aabbcc

Member
Shop around and see if you can get a better deal. Rents are rising rapidly in some markets. Parts of Texas are seeing such increases.
 

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