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Rent increase without notice - PA

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Rent increase without notice - PA

Postby lucapearce » Wed Jul 31, 2019 11:32 pm

My lease expires on Sep, 30. I had to give 60 days notice if I did not want to renew. I did not give that notice, but I did not know that rent will be increased. I received the letter saying that the rent will be increased only on Aug, 7. It was sent via certified mail on 21th July and the USPS tracking shows that they tried to deliver it on July, 25. But I did not find any post office notice in my mailbox. Then the USPS tried to deliver it on August 5 and this time they left a notice and I went to the post office on Aug, 7 and got that letter. I called the management company immediately. but they said that now its too late to do anything, the lease is renewed and the rent is increased.

So basically I was not able to accept or decline the rent increase, it all happened without me knowing.

My lease agreement says this:

...
(b) The lease will automatically renew for one year if neither party ends the Lease..... Automatic renewal will not change the terms of this Lease expect that the rent for each renewal term is increased by prevailing Consumer Price Index.

(c) Landlord may increase the rent or change any other term of the Lease for any renewal period by sending written notice to Tenant. Landlord must send this notice at least 60 days before the end of the Term...

Tenant may reject the renewal terms by sending written notice to Landlord by certified mail, withing 15 days of the date of Landlord's renewal notice..

------
But I cannot reject it now because when I received this notice it was already past 15 days since the date on the notice. Also they say that according to (b) they could increase rent without even giving a notice because it increased by (or below) some Comumer Price Index. Which I think contradicts paragraph (c) that says that they should give a notice.

Can I do anything now??
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Re: Rent increase without notice - PA

Postby TenantNet » Thu Aug 01, 2019 12:03 am

You're in PA, and we're unfamiliar with PA tenant laws (if there are any). We're assuming you are not under any type of rent regulation. Situations like this most likely depend on local law and the terms of your lease.

What does the lease say about rent increases, if anything? Even if it is silent on that topic, that does not mean the LL can't increase the rent. They can.

If your lease expires on Sept. 30, then the rent can't increase until October 1st at the earliest. But your post is not about the effective date of the increase; it's about what notice you received, or didn't.

In many place a LL must give at least 30 days' written notice of changes to the lease. If that is the case, it appears that has been done here. A lease might require more than 30 days, and that would control.

However, to "deem" a lease renewed might depend on the fine print of the existing lease. You provide the lease terms on that. In some areas the act of "deeming" might depend on local state law or case law. You could research that, but I wouldn't expect a lot there.

You cite the lease as limiting any renewal to the CPI. Was that the case?

What is there to do? If you want to reject the offer, you can do so and then the LL can reject your rejection. None of this matters unless it get into court. I would however, act immediately, citing the lack of notice. But OTOH, the LL would probably have a print-out of the USPS tracking.

You can move, of course. But the LL might seek one or more months rent claiming a renewed lease. And the LL might not return your security deposit.

So you can a) reject the lease offer and see what happens, b) move and see what the LL will do, or c) plead your case if the LL isn't a jerk.

So unless you've got a really nice LL, you might be in for a fight.
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