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Can my property manager do this?


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#1 bakerhazel72

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Posted 18 January 2013 - 10:23 AM

I live in a mobile home community in Indiana, a while back the property managers asked all of the residents to fill out new lease agreements. They never gave a 'deadline' for the lease agreements to be turned in and never stated that there would be a 'penalty' for turning the lease agreements in 'late'.
When I went to get my mail the other day, I noticed a sign taped to the side of the community mailboxes. There was a header that said NOTICE OF LOT RENT INCREASE. It was dated 12/31/12. It went on to read:

"Due to rising costs XXXXXX is implementing the following rent increase effective beginning March 1, 2013.

$5.00 per month for all residents that have a signed lease that was turned in to management prior to 12/31/12.

$20.00 per month for residents that do not have a signed lease that was turned into management prior to 12/31/12. "

I am just wondering if this is legal? They never sent out any notification informing the residents that there was a 'due date' for leases to be turned in, or that there would be a 'penalty' if the lease was turned in 'late'. I first learned of it by the sign taped on the side of the mail boxes. I then received the same letter in the mail. The postmark on the letter was 1/3/2013.

Thank You for your help!

#2 Guest_FindLaw_Amir_*

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Posted 18 January 2013 - 12:06 PM

What does the lease state about rental increases? According to the Indiana Statute: landlords must give tenants at least 30 days’ written notice unless the agreement states otherwise to increase rent or change another term of a month-to-month rental agreement. If you have a long-term lease, however, landlords may not increase the rent until the lease ends and a new tenancy begins—unless the lease itself provides for an increase.

#3 pg1067

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Posted 18 January 2013 - 12:32 PM

I am just wondering if this is legal.


It is. It's kinda like a store giving an extra 10% off the first ten customers on a particular day. If the landlord wanted, he could base the increases on a roll of a 6-sided die (e.g., an increase of $10 x the number that comes up on the die). And the increases you mentioned are nominal anyway.

#4 Fallen

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Posted 18 January 2013 - 03:38 PM

You don't bother to mention what the lease term is -- if monthly (one presumes), that may itself violate Indiana law as it relates to mobile home park tenancies. Typically, those have different rules where the landlord's obligated to offer long-term leases vs. monthly tenancies at will.

You'd have to provide more relevant data on the type of tenancy/lease you're referring to.

I'd like to think you've googled topic of "Indiana landlord tenant mobile home park" (or just without "park").

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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