Lease issue

[injb]

I wonder if anyone can explain this to me - I rent an apartment and my first 12 month lease ends at the end of this month. The lease has a clause that says if either me or the landlord don't want to renew, we have to notify the other party 45 days before the end of the lease (so, mid September). Otherwise, the lease says, "the lease will automatically renew for another year with the
same terms, covenants and conditions as under this Lease"

I was happy to renew, so the 45 day deadline came and went, and I said nothing, and heard nothing from the landlord. So I considered the matter settled for another year. But now, with a couple of weeks to go, he tells me he wants to increase the rent. It's not that much, and if he had asked before the 45 days I would have agreed. But on principle, can I say no to this? I would like to know where I stand before I get into it with him, because I really don't want to go looking for another place with only a couple of weeks to go. Is a clause like this binding, or do I have to agree to the increase even now?

 

[dvd1955]

Talk to him. Maybe he'll be willing to work out a compromise since it was after the 45-day agreement, maybe stay at current rate for a month or more, then go up to the new rate.

 

[MrMunster]

Check the lease agreement again for any clauses related to rent increases. This is also governed by: (emphasis added)

IC 32-31-5-4 Written notice required to modify rental agreement Sec. 4. Unless otherwise provided by a written rental agreement between a landlord and tenant, a landlord shall give the tenant at least thirty (30) days written notice before modifying the rental agreement.

 

[injb]

Check the lease agreement again for any clauses related to rent increases. This is also governed by: (emphasis added)

IC 32-31-5-4 Written notice required to modify rental agreement Sec. 4. Unless otherwise provided by a written rental agreement between a landlord and tenant, a landlord shall give the tenant at least thirty (30) days written notice before modifying the rental agreement.

That's the kind of thing I was worried about. I was hoping that the agreement would mean we are both locked into another year with the same terms. If he can modify the agreement (even with 30 days notice) then there's obviously no point in objecting.

 

[rosejm]

A contract is a contract, and the terms are clearly written within the boundaries of those pages.

You have no legal obligation to pay any increased rent for the next 12 months, but you are on the hook for the full 12 month lease as "auto-renewed under the same terms, covenants and conditions."

And you're not obligated to accept any changes to the conditions of your lease, even with 30 days notice. I think a judge would agree that the rent amount is an essential part of this contract, versus modifications such as no pets / additional vehicles or even late payment fees.


Counterpoint: if you decided to move out at the end of this month, and the landlord did not have a replacement renter, they would be pursuing you for the full value (pending a new tenant) of the extended lease on the original terms.


IANAL and of course you will have further dealings with your landlord over the next 12 months, so YMMV.

 

[MrMunster]

If he only said it to you and did not give written notice, I'd write him a letter stating as much and reference the code. As rosejm implies, acknowledge that you implicitly agreed to extend the lease until 10/31/2022 as you did not provide written notice of your intent to vacate by 9/15/2021 and expected him to honor the contract as written. And, as written, a rent increase is not permitted as it is a change to the terms. You've got nothing to loose...

 

[actaeon277]

I'm going to go against previous replies.
You said, if it had been brought up, you'd have paid.

So why not talk to the landlord, tell him you'll pay, but that you are REALLY not happy with the last minute change.

 

[Timjoebillybob]

Check the lease agreement again for any clauses related to rent increases. This is also governed by: (emphasis added)

IC 32-31-5-4 Written notice required to modify rental agreement Sec. 4. Unless otherwise provided by a written rental agreement between a landlord and tenant, a landlord shall give the tenant at least thirty (30) days written notice before modifying the rental agreement.

IANAL But I think that would apply to a month to month lease. Otherwise a landlord would be able to break a lease at any time by simply giving 30 days notice that the rent would be increased to an ungodly amount. If his lease said that after the year it would convert to a month to month lease (I believe this is how it commonly is), then yes that would apply.

I'm going to go against previous replies.
You said, if it had been brought up, you'd have paid.

So why not talk to the landlord, tell him you'll pay, but that you are REALLY not happy with the last minute change.

I agree and disagree. If you make a deal to buy a gun and show up at the meet and then the seller says well I changed my mind it's now $x more? And it was a price you were willing to pay if it had been the original price, would you feel the same? That is if you had a legally binding contract for the original price.

I do agree with talking to the landlord about it. Perhaps come to an agreeable compromise if possible with no hard feelings on either side.

 

[actaeon277]

IANAL But I think that would apply to a month to month lease. Otherwise a landlord would be able to break a lease at any time by simply giving 30 days notice that the rent would be increased to an ungodly amount. If his lease said that after the year it would convert to a month to month lease (I believe this is how it commonly is), then yes that would apply.


I agree and disagree. If you make a deal to buy a gun and show up at the meet and then the seller says well I changed my mind it's now $x more? And it was a price you were willing to pay if it had been the original price, would you feel the same? That is if you had a legally binding contract for the original price.

I do agree with talking to the landlord about it. Perhaps come to an agreeable compromise if possible with no hard feelings on either side.

When you buy the gun, you're done. The transaction is over.
With a lease... not so much.
The landlord has to fix things. These things cost more. If he hires someone to fix things, that cost more.

 

[Cameramonkey]

I dont think Ive ever gone a year to year lease where the lease DIDNT increase. There were a couple years where it didnt randomly, but a reasonable ($20-30/mo) increase was pretty common and expected. I'd roll with it if it is a reasonable increase. If not feel free to push back.

And as far as the "nothing to lose" somebody mentioned, There is plenty to lose. Craptastic response from maintenance, management looking for ANY reason to terminate the lease due to your actions, or just them putting on their calendar to choose not to renew your lease 60 days out and tell you to find another place. Oh, and finding ANY petty reason to keep your deposit.

Good luck.

 

[Timjoebillybob]

When you buy the gun, you're done. The transaction is over.
With a lease... not so much.
The landlord has to fix things. These things cost more. If he hires someone to fix things, that cost more.

I'll agree. But the landlord had time prior to the deadline to let him know. I would like to know if it's a independent landlord with a couple of house/duplexes/etc or a large complex. A small guy running it on the side I might let slide, a large business that is doing it as their main business should be on top of it.

As a comparison, I buy something off someone on this site and they are going to ship it to me. I get a message saying the shipping/insurance/etc is going to run them $10-20 more than they thought and would I be okay with paying it. Verses a large business doing the same. First case I'd probably say okay or ask if they would be willing to split it, second case not so much.