anyone know about the leagalities of an apartment lease?

[V]

My wife and I are renting an apartment, not a fabulous place but decent. Our lease expires Saturday. The management company dropped off the new lease renewal outside our door Friday night. That only a week before the end of our lease. The old lease and new lease both state that for renewals, the landlord needs to provide the renewal at least 90 days prior to the expiration and we have to let them know if we are going to renew or leave within 75 days. The rent increase is all over the place. By that I mean the renewal states one amount, and the online payment system shows two other amounts, one for the remainder of august and then apparently an increase in September. I want to know if I have any bargaining room to negotiate with them since they failed at providing it 90 days prior. Finding a new place in a week is impossible, but if we can still have 75 days, we might consider leaving unless reasonable terms can be agreed upon. Any one have any experience with this type of situation?
As of right now, I would like to contact a lawyer and see what my options are but at the same time, the cost may make it pointless.

[Blackbirdws6]

Tough spot considering that they should have provided the notice but also on your end for not looking into it prior to your lease being up. I would speak with them and make it clear what it said in your prior agreement and ask they extend the current lease rate for the time period while you determine if you wish to continue living there.

This document looks helpful: http://www.lsnjlaw.org/publications/pages/manuals/tenantsrights.pdf

Check out page 22 and on. Page 24 talks about proper notice provided by tenant and renter.

[NastyEllEssWon]

This happened to my aunt when the area she was living in wasnt very well developed. After living a few years there a whole new shopping center and complex went up around the corner and prices soared higher. The landlord pulled this crap so when she went to get a lawyer he said its a grey area of the law. They pull this so if you void out the lease they can get new people to move in at the inflated price. Real Estate law sucks the big one.

In the end my aunt ended up moving because fighting against the landlord over an apartment wasnt very cost effective.

[V]

The complex was sold 10 or 11 months ago, right after we moved in. Quality has went down in regards to maintenance and upkeep. Online the advertised rent rates are still higher than what the increase would be, so yes, I don't doubt they are trying to get people out of the older, non-updated apartments, so they can renovate and charge more. I'm going to the office in a few minutes and seeing their reason for the late renewal. The staff has been changed out at least twice since we moved in due to no one doing their job. I'm only just hoping that they will allow me to pay the original rent amount for the next 3 months, and then whatever.

I'm just having a tough time paying rent which is more than a mortgage would be. But with me still in school and my wife not making 100K+, getting approved for a house in this area is impossible. I think we may agree to another year here and then I'll try to see what my VA home loan and my wife's job could qualify us for, then I'll beg borrow or steal the rest, lol.

[sweetbmxrider]

I'll try to look at the paperwork I have at home later.

[V]

well i just got back from the leasing office. the rent went up only 100, which is the lesser amount of the 3 numbers i had been given. they claimed to not know why it went out only a week before the expiration because they had only been working there the past 3 weeks. Our old lease, after looking, actually doesn't say 90 days, it says anytime, but then says 60 days notice afterwards is required if not renewing, so whatever. im going to review the new lease tonight. but one more year and then we're outta here.

[WSex]

Paul, do you know if the town you live in has rent control?

[V]

Paul, do you know if the town you live in has rent control?

I looked into that a while back, and it doesn't.

[NastyEllEssWon]

well i just got back from the leasing office. the rent went up only 100, which is the lesser amount of the 3 numbers i had been given. they claimed to not know why it went out only a week before the expiration because they had only been working there the past 3 weeks. Our old lease, after looking, actually doesn't say 90 days, it says anytime, but then says 60 days notice afterwards is required if not renewing, so whatever. im going to review the new lease tonight. but one more year and then we're outta here.



sucks that you gotta pay more for less service. thats the way the country's headed though. Shame.