Q: Can my landlord raise my rent without a 30 day notice?
My lease is up March 31st. I let my apartment complex know March 12th that I would be moving out by May 14. I was never given anything about renewing my lease or going month to month. I was never given anything about my rent increasing on April 1st until March 12th and they said they are allowed too and they state it in the lease but wont give me a copy of my lease and I've been asking for a week for a copy of my lease and keep getting the run around from them and being ignored.
A:
If your lease is up on March 31 and you don't leave by that date, you are a holdover tenant. If the lease addresses the issue of holdover rent, the lease provisions apply.
You were certainly entitled to receive a copy of the lease when you signed it, but I am not aware of a provision of law that requires the landlord to provide you with another copy. I would think that a reasonable landlord would have no problem providing it, but that's a different issue. If the landlord files an eviction complaint, the landlord must attach a copy of the lease.
One danger of holding over is that you might be obligated for another YEAR of rent. I would need to see the lease to determine whether this is true. I think that it depends upon whether the lease "reserves" rent on an annual basis, which is a technical question that few non-lawyers would understand.
A: Also, you don't seem to take the lease seriously. You cannot just declare that you are going to hold over without consequences. When you say that you will leave May 14, do you expect to pro-rate the monthly rent? Or pro-rate the YEARLY rent? This could be a problem. You may want to consult with an attorney and consider moving out ASAP. The landlord may have a new tenant ready to move in, and might take a harsh position with you.
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