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Agreed Lease Renewal - LL trying to break

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Agreed Lease Renewal - LL trying to break

Postby hedgehog » Tue Jan 17, 2012 6:59 pm

I have lived in my apartment for 2 years and have always paid rent 1 year up front due to the cost reduction offered. I have also always signed a 1 year lease with option to renew at a specified renewal rate.

My lease starts in March of every year. We agreed that I would notify the landlord of the exercise of the lease renewal option by Dec 15th (for March 1st lease). I was also required to make a deposit of 20% of the yearly rent on that date (12/15)

I notfied the landlord on December 20th (5 days late), I was traveling. I emailed him to confirm and get the wire instructions to send the money. He aknowledged the email and confirmed the bank account and I wired the deposit over.

21 days later the landlord emails me asking if I am renewing the lease. I remind him that we already did renew. He then states that he located the wire transfer and its late, therefore the renewal is void and will be mailing a check back to refund me for the deposit. Says my rent willl go up 45% begining in March.

This is a non-regulated apartment. What are my rights here? Isn't accepting and confirming payment, accepting terms? Does notfying of renewal 5 days late give grounds for termination? Could that be considered diminimus?
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Postby ronin » Mon Jan 30, 2012 3:56 am

The LL is within is rights to reject the renewal because you let the renewal offer expire. If it was a regulated situation you would have some rights.

But your story severely depresses me. If a LL would screw a guy who pays a year up front, who won't these asses try to screw?

However, you still have the right to get notice, etc before he can force you to move out. But with your finances you can probably get a good deal from another LL.
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Postby hedgehog » Mon Feb 06, 2012 6:41 pm

Thanks Ronin, so you think the landlord is still in his rights even though he aknowledged the renewal and accepted payment for 21 days? You think a judge would side with him in housing court?
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Postby hedgehog » Tue Feb 07, 2012 2:32 pm

I just dont understand how a landlord would be allowed to accept a large payment based on terms then decide to change his mind 3 weeks later and return your money. As tenants we never have this luxury, once we pay there are no "re-dos"
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Re: Agreed Lease Renewal - LL trying to break

Postby Cranky Tenant » Tue Feb 07, 2012 3:53 pm

hedgehog wrote:I notfied the landlord on December 20th (5 days late), I was traveling. I emailed him to confirm and get the wire instructions to send the money. He aknowledged the email and confirmed the bank account and I wired the deposit over.

21 days later the landlord emails me asking if I am renewing the lease. I remind him that we already did renew. He then states that he located the wire transfer and its late, therefore the renewal is void and will be mailing a check back to refund me for the deposit. Says my rent willl go up 45% begining in March.


I'm inclined to agree with hedgehog. Wire Transfers aren't the kind of thing that gets mislaid around the house. They're directly deposited into an account. If the landlord agreed on, or after December 20th, and provided you with banking information to send the wire transfer it would seem he's waived or extended the deadline. Unfortunately it may take a court to decide whether or not its a valid renewal.
I'm a cranky tenant NOT a cranky lawyer.
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Postby ronin » Fri Feb 17, 2012 12:53 am

Well, the transfer of the money and the acceptance of the lease are two different things.

Also, if I read correctly, the OP is in a non-regulated apartment, so there is no obligation to renew whatsoever on either parties part except as provided in the lease.

However, re-reading OP's OP. I think there is an argument that the LL reopened the renewal period by asking you if your were renewing. Since he had already received the money by that point, your answer (the money) while out of time for the original notice date, was well in time for his re-offer (which he can't say was withdrawn b/c it was already paid at the time of his asking).

You may have a case after all. But I am talking from my general offer & acceptance understanding, not from a detailed review of caselaw in this area (Tenant- wasn't there a Scherer book in my Christmas stocking this year? Where'd it go?)

See if you can talk to a tenant lawyer knowledgeable about rent offers who might be well versed on strategies to get a declaratory judgment or otherwise protect your rights.

Again, I am amazed and disturbed that a LL would try to boot a tenant who pays a year up front. Sheesh! Will this madness ever end?
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Postby Emeraldstar » Fri Feb 17, 2012 10:07 pm

Hi All
Agree ronin.....so much for winning mega millions :roll:
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