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sms829

Breach of Contract; Potential Buyout

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My question is two part. I'm moving out of my apartment at the end of this month with 5 months left. I have been living at this current apartment for 19 months and have been a low maintenance tenant having always paid my rent on time. I wrongly assumed that at the end of my first 12 months that I would be month to month after that. However, 44 days before my initial lease ended, my apartment complex contacted me to see if I wanted to renew my lease and that my rent was being raised by about 5%. The reason why the 44 days I feel is important is because in the initial lease it says as a tenant I must give 60 days notice if I plan to leave at the end of my lease. Yet my apartment only told me 44 days before my lease expired that my rent was going to raised, which I found rather unfair. At that point--even though I was planning on staying--I felt I had been almost coerced to sign a new 12-month lease as I wasn't within my the 60-day renewal date. So the first part of my question is: Is that a breach of contract or some kind of leverage I can use in breaking my contract early? Second part of my question: Because I have been a good tenant--one that's never had a late payment--what's the likelihood of a buyout?

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If you signed a new lease then you are bound by the new lease.  It is not coercion to give you the option of signing the new lease (at increased rent) or moving out.  I cannot imagine why a tenant who moves out in violation of their lease would expect to be paid assistance for moving out.

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If you signed a new lease then you are bound by the new lease.  It is not coercion to give you the option of signing the new lease (at increased rent) or moving out.  I cannot imagine why a tenant who moves out in violation of their lease would expect to be paid assistance for moving out.

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While coercion might be the wrong word to use, you have to admit @RetiredinVA that it is unfair practice when a tenant is supposed to give 60 days advance notice for lease renewal and the notice for the raised rent is 44 days in advance. Either way I was going to be out of money and forced to stay an extra month past my initial 12-month lease date and pay a an additional fee for a one-month rate.

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Okay, I will agree it seems unfair you were only given 44 days notice of the rent increase.  However, that does not serve as legal justification for your leaving five months early.  If the rent increase is the basis for your leaving early, you may find that the penalties associated with the early departure may greatly exceed the rent increase.

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2 hours ago, sms829 said:

While coercion might be the wrong word to use, you have to admit @RetiredinVA that it is unfair practice when a tenant is supposed to give 60 days advance notice for lease renewal and the notice for the raised rent is 44 days in advance. Either way I was going to be out of money and forced to stay an extra month past my initial 12-month lease date and pay a an additional fee for a one-month rate.

 

No, it's not unfair. What you seem to forget is that a lease is a contract. When you sign a contract that requires you to do something but doesn't require the other party to do it, you are presumed to have read and understood the contract and the terms to which you are bound. You have a contractual duty to give 60 days notice, the landlord has no such contractual duty. If you read it and thought it was unfair, then you shouldn't have signed it. You had a choice, there was no coercion or duress in the eyes of the law. You have no grounds to break your lease without consequences.

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On 10/7/2016 at 11:13 AM, sms829 said:

So the first part of my question is: Is that a breach of contract or some kind of leverage I can use in breaking my contract early?

 

I'm not sure what "that" refers to in this sentence.  However, nothing in your post suggests you have any basis to get out of your lease early or that your landlord breached anything.  The notion of coercion makes no sense at all.

 

 

On 10/7/2016 at 11:13 AM, sms829 said:

Because I have been a good tenant--one that's never had a late payment--what's the likelihood of a buyout?

 

We have no conceivable way of knowing, but one assumes that a "good tenant" will get more consideration than a not "good tenant."  Ask your landlord.

 

 

On 10/7/2016 at 11:41 AM, sms829 said:

you have to admit . . . that it is unfair practice when a tenant is supposed to give 60 days advance notice for lease renewal and the notice for the raised rent is 44 days in advance.

 

No one "has to admit" any such thing.  You haven't quoted the provision in question, and we obviously haven't read your lease, so I'm reluctant to get too specific with my comments, but you agreed to the provision.  If it was a one-sided provision, then that's on you.

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