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Backdating a lease with rent increase (with no notice)

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Backdating a lease with rent increase (with no notice)

Postby dem068 » Tue Jul 24, 2012 3:49 pm

My roommates and I have lived in an apartment for a few months, and there has been no lease for the past few years that people have lived there. when someone new moves in, we fill out the appropiate paperwork with the management company, and then our name appear on the rent bill that they send each month. Until this point, they have not asked us to sign a lease. They recently demanded that we sign a lease and said that the rent would increase $100 (left this message on a voicemail). My roommate agreed, and they never sent us a lease to sign. The managment company called a month later and threatened to kick us out within the week, if we did not sign a lease, with a rent incease of $200. The bill they sent us for july was $4500. They just sent us a lease, that is dated July 1st, with the rent being $4700 (we just received it on July 24th). it is legal for them to backdate a lease, and increase our rent with no notice, especially since they already cashed our rent checks for July? Thanks
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Postby TenantNet » Tue Jul 24, 2012 4:41 pm

You sounds like the LL is taking advantage of some students who are being overcharged.

You can't backdate a lease.

You don't give3 us any information on who is the primary tenant or what is the history here. You fill out the paperwork. What paperwork? What does it way?

Do you think you should be rent stab? Ever checked?

They can't evict you without a court order.

If you're month-to-month (but you really don't know, do you?) then any change in lease needs a 30-day notice.
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Postby dem068 » Tue Jul 24, 2012 4:46 pm

thanks, that is helpful. There are 3 roommates who are the tenants (I am one of them). When we moved in, we all went to the mamgment company and filled out the paperwork they gave us (ss #, work history, basically an application), and they told us we would have to sign a lease. When we receive the rent statment every month, all of our names are on it, and we have always paid the rent on time. They now gave us 3 days notice to sign a lease with the rent increase, otherwise threatened to kick us out
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Postby TenantNet » Tue Jul 24, 2012 4:56 pm

Be careful how you use the term "tenant," which has a very clear legal meaning. Based on the loose description, you could be an occupant.

However, if it comes to litigation, I think an argument can be made that the three of you are month-to-month tenants with the rent bill and your paying the rent. That can establish a landlord-tenant legal relationship.

Look at the section on M2M tenants in the forum's reference section.

I would tell them to send a proper lease with notice (should be 30 days IMHO as it's a change in the M2M tenancy). If they threaten to evict you, they must go through the courts.

My feeling is that if they want to get you out, they will. You don't have RS protections (unless you check, which you should do). But it has to go through court. OTOH, if you stand up for your rights, they might back off. It's hard to say and you need to get a clear indication if it's all huff & puff, or are they serious.
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