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Illegal Rent Rate Hike??!

  • Thread starter Thread starter Gutie7
  • Start date Start date

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Gutie7

Guest
I live in San Antonio, Texas:
My question is concerning month to month lease rate hikes. In October of 2000 my wife and I signed a six month lease on an apartment. In March the lease term, of course, expired and we were not notified. We have continued to live in the apartment paying our normal lease rate of $599.00, a month. We recently realized that our lease had expired and were paying month to month. We called to speak with the apartment office and they noticed that they just realized it as well but made no mention of any rate changes that had incurred. So now about two-weeks after that conversation we received a letter in the mail notifying us that our lease expired in March and we are currently showing a past due balance, because the month to month rate is $707.00. We were understandably taken off guard. So I pulled out my copy of the lease and according to the lease they cannot raise the rent or any terms of the contract until the lease contract ends and then they have to have a written addendum signed by themselves and us. So I want to speak with them and she pulled out a piece of paper, that supposedly notified us that we were coming up on the end of our lease and giving us the option of continuing at a slightly higher rate. Which is fine but there was not a signature of either my wife or I acknowledging the letter. When I told the officer of the apartment that, she had no response and proposed that I make a decision on a new lease and she may be able to release the charges. But even then I would need to speak with the Apartment Manager who was enjoying her day-off. My question is really just one of confirmation, I understand that a month to month rate increase is legal but doesn't mine or my wife's signature have to be included in the written addendum notifying us of the increased rent, so at least we know what we are getting into. My wife and I had never seen this paper that the officer showed me and it was our premise was validated by the absence of any of our signatures. Please Respond [email protected]
 


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happylucky

Guest
YOU must ALWAYS be give a 30 day notice regarding any changes in a month to month lease..

SO you have been notified and the new rent will start on AUGUST 1st......PERIOD!

The complex has no legal right to ask for back rent, or cannot force you to pay the new rent on July 1st.Since they have accepted your rent at the $599 level.

And Since they never sent you a certified letter return reciept, stating the new rent, and the new higher rent is not in your expired lease....

So the complex is outta luck on this one......

[Edited by happylucky on 06-27-2001 at 05:13 PM]
 

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