Automatic Renewal with Addition of Rubs

[xstriker]

My question involves landlord-tenant law in the State of: Nebraska.

My current least is expiring at the end of May. However, it has a clause that states:

"In the event that the Tenant remains in possession after the lease term is completed, all conditions and terms of this lease remain in effect and the Landlord may adjust the amount of rent payable during the month-to-month occupancy by giving notice...30 days in advance"

The lease does not have a provision for the landlord to terminate outside of breach or non-payment of rent.

They have offered me a new 12 mo lease with no rent increase, but the catch is they are instituting a RUBS system for water, gas, sewage, trash which they have guestimated at $40 a month.

My current lease only allows them to charge me for my gas use, though they have never done so and there is no mention of RUBS in the current lease.

The alternative is that my monthly rate will go up $45. I would prefer to continue month to month without the RUBS system as then I will not be subject to their cobbled together formula (especially since I am a single person in a two bedroom who uses little water or gas), I would be and uncontrollable RUBS payments for 12 months. Is this feasible or can they kick me out if I don't sign a new lease?

[lill]

You have two choice:

1. Sign the lease and pay the increase.

2. Don't sign the lease and see if they will let you stay on as a month to month. Keep in mind that as a month to month tenant, managment only needs to give you a 30 day notice of a rental increase or 30 day notice to vacate.

Also, you can't force them to let you stay as a M2M.