What Would You Do?

[amastewa93]

I have a month-to-month lease in which the lease states that both the tenant and the landlord must give a 60-day notice before any changes are made to lease. My landlord just called and said that he would be raising my rent next month, only giving me 30 days notice. I won't be able to afford the new rate and now have no time to find a new place. Should I bring up the line in the lease about the 60-day notice or should I just tell him that I will be leaving?

[creditcardfree]

I have a month-to-month lease in which the lease states that both the tenant and the landlord must give a 60-day notice before any changes are made to lease. My landlord just called and said that he would be raising my rent next month, only giving me 30 days notice. I won't be able to afford the new rate and now have no time to find a new place. Should I bring up the line in the lease about the 60-day notice or should I just tell him that I will be leaving?

I would bring up the line in the lease. At least it would give you another month at the current rate to find a new place to move to.

[disneysteve]

I would bring up the line in the lease. At least it would give you another month at the current rate to find a new place to move to.

Absolutely. Tell the landlord that the lease requires 60 days notice and that based on that, you'll be moving out at the end of that 60-day period.

[Jluke]

Should I bring up the line in the lease about the 60-day notice or should I just tell him that I will be leaving?

Yes, as others have said, but would add that if he didn't acknowledge the 60-day rule, then maybe you can negotiate an earlier departure so he can get a tenant in sooner at the higher rate - assuming you can find a new place quickly.

Otherwise give your 60-day notice and play by the rules of the agreement.

[kork13]

Agreed with the others... Bring it up, demand at least 60 days at your current rental rate, and tell him that you'll be moving out after that period of time. Your contract entitles you to 60 days notice, so protect your rights as a renter. That provision is in there to protect you & give you both (landlord & tenant) time to reject the change in contract & arrange a suitable alternative (either a new place for the tenant, or a new tenant for the landlord).

Side note, if I may ask.... How much of a rent increase is it (both dollars and percentage)? A properly managed rental should use small, consistent rate increases (annually, for example) to keep up with market rates, because as you're demonstrating, a single large increase to catch up does nothing but drive away tenants......

Of course, that could be the intention..... How long have you been living there? Do you have a good relationship with the landlord? Sometimes owners will significantly raise the rent suddenly in order to push out the tenant if the owner wants a tenant out but doesn't have cause for an eviction. It's not ethical, but depending on local laws & contract terms, it can be legal.

[bjl584]

I agree with the others.

Exercise your rights as a tenant. You are entitled 60 days, so remind the landlord of this fact.

[sv2007]

I have a month-to-month lease in which the lease states that both the tenant and the landlord must give a 60-day notice before any changes are made to lease. My landlord just called and said that he would be raising my rent next month, only giving me 30 days notice. I won't be able to afford the new rate and now have no time to find a new place. Should I bring up the line in the lease about the 60-day notice or should I just tell him that I will be leaving?

Is you month-to-month lease due to the expiration of your old lease? i.e. conditional continuation/"auto" extension of the old lease? because 60-day and month-to-month don't seem logical. If it is, then there probably are some new/changed terms once that old lease goes into month-to-month. So, doubt check it.

It doesn't hurt to ask the landlord for an extension no mater the lease.

[disneysteve]

I won't be able to afford the new rate

I'm also curious how much he's hiking the rate since it is so much as to make it unaffordable. Did the lease put any cap on rent increases?

[sv2007]

Sometimes owners will significantly raise the rent suddenly in order to push out the tenant if the owner wants a tenant out but doesn't have cause for an eviction. It's not ethical, but depending on local laws & contract terms, it can be legal.

I think this is unlikely. If the owner wants the renter out, then the renter will not be offered a chance to renew. More likely would be there were some changes in the ownership and the new owners or the new owner situations cause a desire to increase rent.

Whatever the case, why care about the new rent's actual value? What good is it?

[TexasHusker]

While the landlord isn't playing by the rules by one month, I wouldn't start getting testy with him/her, unless you are intending to move out soon. Good landlord relations come in handy.

[disneysteve]

While the landlord isn't playing by the rules by one month, I wouldn't start getting testy with him/her, unless you are intending to move out soon. Good landlord relations come in handy.

OP is planning to move out since she can't afford the new higher rent. But she deserves to have 60 days notice rather than 30 since that's what the lease specifies.