Question:

Are there really such rules for housing rental?

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I don't know if my landlord is lying to me.

Tomorrow will be the day that is exactly one month before my room rental lease ends. My landlord said he has a right to increase 5% - 10% price difference from my original rental price if I decide to continue to live here. In order to continue to live here, I have to sign a one year long lease. However, I do not want to sign a lease that is one year length because it is the way too long. My landlord said I have four options now: 1) Move out by the time our old lease end. 2) Sign the new one year lease, and pay the increased rent. 3) After I sign the new one year lease, I can still move out even though I have not lived complete one year. He will find someone else to continue my one year lease. However, my landlord said if the person that he or I find to continue my lease, just lives here for a month or two and decides to move out, I would be the one who have to take the responsibility and pay rest of the rents to the landlord instead.

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  1. basically a landlord can require anything he/she wants.  he can require you sign a lease if he wants.  In fact, its considered 'normal' to have a one year lease... that's how most people live.  He can raise the rates at the end of the lease if he wants, unless you are rent controlled... He has increased costs for renting the place, such as property taxes, so he has to make enough money to pay all his expenses and still make a profit.  the only part i'm not so sure of is option number 3... that would basically be a sublet, but normally its the tenent that finds a person to sublet, not the landlord... But, a sublet is basically what he told you... someone takes over the lease, but the origional tenent is responsible for any damage or unpaid rent..

    There are really no federal or state laws about this... a landlord is considered a private business, therefore can create any rule he or she would like to unless it causes something illegal.

    Like I said, they are allowed to raise the price unless you have a rent controlled apartment, or it is stated in your lease that if you renew the price will not increase.

    As for breaking the lease (leaving before your lease is up) that should be addressed in your lease... there's no law about it.  A lease is a legal document that you signed stated you would stay for a year.  I know mine states that if we leave before the year is up, we have to pay a penalty as well as give up our deposit... so read the lease (in your case, you would want to read the new lease, because it may differ from the old one)


  2. Read the lease that you have signed.  It may state that at the end of the year the lease goes month to month.  Some of them used to say that.  

    Otherwise what he has said is mostly correct.  

    Sorry.

  3. You had better decide what you want to do, since you are likely required to give a proper written 30 day written notice to move out prior to your lease ending.

    The landlord can raise the rent by as much as he sees fit, unless you are under rent control. You can either agree to the increase or move out.

    The landlord can require a 1 year lease. The landlord does not have to let you stay on a month to month basis or a shorter term lease. You can either accept the 1 year lease or move out.

    If you sign a 1 year lease and move out early, the landlord can hold you liable for the rent until either the lease expires or a replacement tenant is found. The landlord can also hold you liable for the cost to advertise for a replacement tenant.

    DO NOT AGREE TO SUBLEASE TO THE NEW TENANT! A sublease keeps the responsibility on you if the new tenant fails to pay te rent or live up to any of his obligations. You want a clean break.

    If the landlord gets a replacement tenant, your liability ends. If that tenant decides to move out after a month or two, then the landlord has to go after that tenant.

  4. Yes, the landlord can increase the new rent rate to whatever rate he wants -- unless you live in a city or state with rent control or law limiting rent increases.  However, your state's law may require that he provide you 30-days notice of the increase.

    Landlords often prefer to have tenants on leases because they rely on a steady income, so it's not unusual for a landlord to require a lease even for a renewal.

    Since you're unwilling to sign a new 12-month lease, give the landlord your move-out notice today.  You may still be able to negotiate a shorter term lease or a month-to-month rate, but the landlord has to be believe that you're willing to move-out.  Ask the landlord if you can sign a shorter lease or what the month-to-month rate will be.  The landlord will need to consider whether he can quickly rent the place at the higher +5-10% rate and whether the new rate will cover his vacancy and turnover costs he will incur after you move-out.

    Unfortunately for you, August/September are often peak rental months because relocating students take so many units at higher rates, so your landlord has the advantage.  Also, your landlord probably wants some assurance that he will not be stuck with a vacancy in typically low-demand months November/December.  So ask about signing a 6-month lease.

    Google your state's and city's landlord tenant laws.

  5. he can raise the rent after the lease expires.

    OF course.  DO NOT sign anything

    that says you are staying with the intent to leave--that is two faced language.  JUST

    make sure you give the landlord 2 mo

    advance written notice when you plan

    on leaving if on a 1 yr lease now.

    ---if you want to stay, he has every

    right to raise the rent and require

    a new lease.

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