Lease question?

Question

We had a year lease which changed from month-to-month after the year was up. Our landlord raised rent $100 a month with a one week notice after the first year, which we have been paying for over a year (I know, should we have fought that more, or at least get it in writing). But since it wasn't in writing, and we have been paying the increase, doesn't that break the lease?

Don't bother asking why I'm asking this question... it's a long story!

Thanks!

Answer 1

no, once the yearly lease is up and you are now on a month to month lease he could raise your rent every month

Answer 2

Most lease contain a clause that allows the landlord to modify one or more feature of the lease and the lease itself remain in force.

By you paying the increased amount month-after-month, that can be construed as your acceptance of the new condition.

The bottom line is this.  In order for you to argue if this change constitute a fault in landlord that the lease is no longer valid, you will need to argue this in court and have the judge determine you are the prevailing party.  In our country, law is useless unless one is willing to enforce it.  Unfortunately, this is neither cheap nor easy or quick.  Besides, you are being very technical in interpreting the lease.  I am not a lawyer but my experience says that the chance of your claim prevailing over all other clause of the lease is very slim.

Good luck, whatever you are trying to do.

Wait... are you month-to-month or under a year lease now?  If you are month-to-month, you are, essentially, not under the lease.  You could give the 30 day notice and move out.

<edit>

Yes, unless your lease says something else about going month-to-month after the expiration of the lease.  Typically, month-to-month means exacty what it says.  Your lease amount is guranteed for one month and your obligation is from month to month.  Neither party is obligated for anything beyond this 30 days.  That means, your landlord can increase your rent every month, refuse to renew for the following month, etc, etc, etc.  To vacate, most leasor requires leesee to notify his/her intent 30 days prior to the day they wish to vacate.

In short, if you are month-to-month, unless you agreed to something else, you can notify the landloard in writing 30 days prior and move out.

Answer 3

30 days is all that is required if that is what your original lease states.  While the original lease has expired, it's terms are still in place.

Answer 4

You no longer have a lease to break.  If you are wanting to move you only have to give a 30 day notice.

Answer 5

If you are currently month-to-month, your landlord could raise your rent.  In most states, 30 day notice is required to raise it, however, just like 30 day move out notice is required.  It's too late after a year though.  You've either got to pay it or find another place.