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Short Notice of a Rent Increase

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  • 10-19-2016, 12:09 PM
    lawfacts
    Short Notice of a Rent Increase
    A lease requires that a tenant give sixty days notice before the end of the lease term if the tenant will move at the end of the lease. A tenant intended to renew, but was informed 45 days before the end of the lease that the rent would be increased for the second year of residence. Due to the timing, the tenant was unable to give sixty days notice of intent to move. Can the tenant be held to the full term of the new lease with the rent increase?
  • 10-26-2016, 07:45 AM
    Mr. Knowitall
    Re: Short Notice of a Rent Increase
    If the tenant signed the new lease without any objection or reservation of rights then the answer is "yes". There are a couple of states that require more than thirty days notice for a rent increase for a longer-term tenant, but you indicate that the renewal occurred after the first year of occupancy.

    The tenant might have had an argument to give late notice to end the tenancy based upon the notice of the rent increase, but with their decision to stay and sign the new lease the issue becomes moot.
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