Q: Is this lease renewal ok?
My lease ends Sep 30, 2023. My landlord sent me an extension/renewal lease on Sep 1, which reflected a $50 monthly increase. I told him I was rejecting the increase due to insufficient notice.
He follows up with a new extension/renewal lease, which will renew my lease on 12/20/23 at the increased rate.
Is this legal? And what happens for the months (Oct 1 to Dec 19) that I don’t have an active lease agreement?
A:
Typically, the lease will continue month to month at the rental rate specified in the lease. Be aware that such rental rate may be different than the rental rate for the term of the lease. It is fairly common for a lease to provide that the rent will be 150% of the rent specified for the term of the lease during any holdover period. Such a provision incentivizes tenants to surrender the premises upon expiration of the lease term if they choose not to enter into a new lease with the landlord for higher rent.
Of course, lease terms vary depending on what the parties want and negotiate, so be sure to read yours.
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