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  1. #1

    Default Do I Have to Pay a Rent Increase if I Terminate My Lease

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

    My apartment complex was purchased by a new management company, and about three weeks ago they notified us of a significant rent increase - nearly 15%. This increase is due to go in effect on May 1st. We recently gave our 30-day notice that we will be terminating our lease and vacating the premises. My question is: for my last month's rent do I have to pay the increased amount? Or do I pay the rent specified in my current agreement?

    Our year lease ended some time ago and is now month-to-month. I understand that the landlord has the right to increase the rent, and it seems they gave proper notice. However, I have not signed the new lease agreement and am leaving, so am I bound by their new lease terms? The issue arises because I am not terminating until near the end of May, which is almost a month after their notice of increase takes effect.

    So will I owe the new, increased rent amount on May 1st? Or can I pay the old rent one last time?

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Do I Have to Pay a Rent Increase if I Terminate My Lease

    Since you are not vacating until after the new rent takes affect you are in effect accepting the new rent. You'll owe the prorated portion of the new rent for the month of May.

  3. #3
    Join Date
    Mar 2011
    Location
    Rockville, MD
    Posts
    69

    Default Re: Do I Have to Pay a Rent Increase if I Terminate My Lease

    I'm a little confused on the timing here.
    Did they give notice of the raised rent before you gave notice you would be leaving?
    If they gave you notice and you turned around in a reasonable time and gave notice, that could operate as a rejection of the terms, but if you waited too long you may have accepted their terms.

  4. #4
    Join Date
    Mar 2011
    Location
    Rockville, MD
    Posts
    69

    Default Re: Do I Have to Pay a Rent Increase if I Terminate My Lease

    I'm a little confused on the timing here.
    Did they give notice of the raised rent before you gave notice you would be leaving?
    If they gave you notice and you turned around in a reasonable time and gave notice, that could operate as a rejection of the terms, but if you waited too long you may have accepted their terms.

    I'm a little confused on the timing here.
    Did they give notice of the raised rent before you gave notice you would be leaving?
    If they gave you notice and you turned around in a reasonable time and gave notice, that could operate as a rejection of the terms, but if you waited too long you may have accepted their terms.

  5. #5

    Default Re: Do I Have to Pay a Rent Increase if I Terminate My Lease

    I may have waited too long, since I did not give notice until after I had located a new place (always like to have a boat before I burn the bridge!) So it was probably a couple of weeks after they notified me of the rent increase before I sent my termination notice. So it sounds like my lack of direct response constitutes a tactit acceptance of the new lease terms, i.e. I have to pay the higher rent.

    Now the office personnel are telling me that instead of prorating, they charge for a full month if my move date is after the 20th of the month (which it is). Cest la vie, right?

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