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I am renting in a complex that was taken over by Greystar. I have a lease that goes month to month after the primary term (1 year) and either party can terminate by giving 60 days notice. I do not have to pay a fee to go month to month. This is usually written into the contract, but it was not in my case because I negotiated for that with the prior management company when they were trying to fill up the apartment. Now, the complex is full and they want to raise rates.
The leasing people don't understand their contract. They think they can set the month to month rate when there is actually no mechanism in the contract to do that. They are setting it 33% higher. I would simply like to go month to month and if they want me out they can give me 60 days notice like it says in the contract.
I am afraid, however, that Greystar will try to evict me if I pay the contractually specified rate that I am currently paying. I have no faith in our court system (I'm an attorney - judges in Texas just need a pulse). So, I am afraid that I will be wrongly evicted unless I simply pay them 33% higher to go month to month. Their position is that the rent is whatever they say it is based on the printout they got from corporate.
I have a great lease and that is why I moved into the complex. Now, Greystar is trying to bully me out. What's stupid is they can just play by the rules and give me my 60 day notice. For some reason they don't want to do this. Deep down, I suspect it may be against corporate policy to do that to people who pay the rent (I have perfect credit). But, the lease people don't seem to understand how contracts work and just blindly repeat what corporate has told them to say. I don't think they actually know they are wrong. It's a very frustrating situation but I definitely feel like Greystar is trying to bully me into giving up the lease I negotiated with the prior company which is the reason I chose this complex out of the hundreds of others out there.
I am renting in a complex that was taken over by Greystar. I have a lease that goes month to month after the primary term (1 year) and either party can terminate by giving 60 days notice. I do not have to pay a fee to go month to month. This is usually written into the contract, but it was not in my case because I negotiated for that with the prior management company when they were trying to fill up the apartment. Now, the complex is full and they want to raise rates.
The leasing people don't understand their contract. They think they can set the month to month rate when there is actually no mechanism in the contract to do that. They are setting it 33% higher. I would simply like to go month to month and if they want me out they can give me 60 days notice like it says in the contract.
I am afraid, however, that Greystar will try to evict me if I pay the contractually specified rate that I am currently paying. I have no faith in our court system (I'm an attorney - judges in Texas just need a pulse). So, I am afraid that I will be wrongly evicted unless I simply pay them 33% higher to go month to month. Their position is that the rent is whatever they say it is based on the printout they got from corporate.
I have a great lease and that is why I moved into the complex. Now, Greystar is trying to bully me out. What's stupid is they can just play by the rules and give me my 60 day notice. For some reason they don't want to do this. Deep down, I suspect it may be against corporate policy to do that to people who pay the rent (I have perfect credit). But, the lease people don't seem to understand how contracts work and just blindly repeat what corporate has told them to say. I don't think they actually know they are wrong. It's a very frustrating situation but I definitely feel like Greystar is trying to bully me into giving up the lease I negotiated with the prior company which is the reason I chose this complex out of the hundreds of others out there.
I'm afraid they are correct. Once you are month to month, the landlord can change the terms of the contract with 60 days notice.
if your still in your original term, you can give the 60 day notice and move when the original lease expires. The month to month rate after the first year can be raised as much as the LL decides. You then decide to pay it or not.
"This lease contract will automatically renew month to month unless either party gives 60 days written notice of termination"
The above are the lease clauses governing rent amount and termination of the lease. It seems pretty clear to me that the rent is specified in contract and if they want to change it then they can terminate my contract with 60 days notice after the primary term. The interpretation of this lease that says the apartment can raise rents without giving a 60 day notice of termination would require some mental gymnastics in my view.
This is a Texas Apartment Association form. Are there any tenant side people who have experience with this form? If you are simply going to say they are correct, can you give me some justification for that and explain if you are a landlord or work for one?
Also, they gave me notice of the rent increase a week prior to the 60 day period which was completely ****ty on their end.
I'm afraid they are correct. Once you are month to month, the landlord can change the terms of the contract with 60 days notice.
Wait, are you saying they can change the terms of the contract or they have to give me 60 days notice to vacate? My contract says they can certainly give me 60 days notice to vacate but they can't change terms of an existing contract. Did I misunderstand you?
Wait, are you saying they can change the terms of the contract or they have to give me 60 days notice to vacate? My contract says they can certainly give me 60 days notice to vacate but they can't change terms of an existing contract. Did I misunderstand you?
They are not changing the terms of an existing contract. They are terminating an old one and proposing a new one. If you do not agree then you are free to give notice and leave. This is common practice and isn't really a grey area. Have you not ever gotton a notice of rent increase? It does not need your signature.
They are not changing the terms of an existing contract. They are terminating an old one and proposing a new one. If you do not agree then you are free to give notice and leave. This is common practice and isn't really a grey area. Have you not ever gotton a notice of rent increase? It does not need your signature.
I never got a notice that they were terminating the old contract. They just said it goes month to month (which it does per the agreement). There was no written notice saying they were terminating the old contract. Those words were nowhere because then I would be free to move without giving them 60 days notice, because they've terminated the agreement.
They want to have it both ways. They want to raise rates while still forcing me to give them 60 days notice. They actually said I had to give them 60 days notice. They are saying that the lease itself gives them the ability to raise rates.
First let me say this...ALL states ARE different, So I am really ONLY Familiar with FL Lease's/rental agreements, HOWEVER, I KNOW the one gray star gave you, I have worked for them before..it is a standard NAA Lease...( & I WILL give you, In My Opinion, the best move for you...
YES unfortunately THEY CAN & DO have it both ways` SOME WHAT...The market right now is one where you are to be considered LUCKY IF your RENT DOES NOT RAISE OVER 15-30%!!! see very bottom for national Avgs right now, or look it up..
**********This "Idea",IF you want a bit more time, I would definitely look into..*********
Ill say it first, then you can read below, it might help, Then, do some MORE research to make sure I am CORRECT for Texas & in by your lease...
~~~~KNOW & remember this .....AT ANYTIME you can agree to the "NEW" terms of the lease & GET OUT OF IT,in 60 days of course- by giving them your 60 Days WRITTEN notice letter to vacate the premises! ~~~~~~~~~~ BY Doing this, you have given them 60 days, they must give you back your deposit & they have time to find a new tenant..IF NOT- YOUR SCREWED! You WILL become a tenant at sufferance IE: A tenant who occupies RE WITH OUT an agreement/ A tenant "holds over" after the lease expires, OR a month- month...
*ALSO IF you DO NOT PAY your rent, after your supposed to, within 3 business days after a notice or landlord is due- Landlord CAN TERMINATE LEASE (thats when eviction comes into play-NOT FUN for either party! Especially the tenant!)
It is not uncommon for ANY apartment community to send you a letter, generally a 1 week -three (3)weeks, BEFORE your 60 day "option" comes up. They by law do not even have to send that to you!
USUALLY- they will send you a letter stating: * I wont type the entire LETTER & will use generall figures here:
Dear Mr. YourSc**Cuzevery1wantsto RentNOW ,
We would like to take this opportuntiyt to thank you for making the " blahblah apts" your homel Unfortunaltyk your lease agreement will expire on ______30,2011.
If you choose to renew your annual lease, your monthly rent will be $1650.00 per month and your new lease term will be from (usually 1 year). In order to GUARENTEE this rental rate, your NEW lease MUST be SIGNED by ________31,2011(**thats within the 60 days**). If your new lease is not signed by the deadline date a $10.?? charge will be added to your monthly rent, NO EXCEPTION. IF you choose to go on a month-to-month agreement, your rental rate will be $___?1800.00. THIS RATE IS EFFECTIVE FOR THREE (3) MONTHS ONLY, AND WILL iNCREASE EVERY (3) three months. If you do not sign your NEW lease by the expiration date, you will be automatically on a month to month agreement.
IF you decide NOT to renew your lease, please not that your lease requires that you give us NO-LESS than (60)Sixty- days WRITTEN NOTICE OF YOUR INTENT TO VACATE THE PREMISES. This notice MUST be received by ?___April30,2011. If you FAIL to provide A FULL 60 SIXTY DAYS NOTICE OF INTENT TO VACATE, you WILL BE CHARGED FOR THE BALANCE OF THE NOTICE PERIOD in an amount based on the **DAILY pro-rata rental amount, such NOT TO EXCEED TWO MONTHS (***see its 60 days) RENT. SUCH CHARGES SHALL BE CONSIDERED Liquidate damages.
IF you would like to renew, please ket the office know asap to we can prepare it for you! **********Then generally come in the possible rental concession they are willing to give , as i showed you below...
"We are offering you a rental concession" in the amount of $125. per month, which will make your rent become $1525.00 (obviously less). IF your monthly rate WAS to be $1650 & you got it on a "special prorated amount".
HOWEVER, IF you do NOT sign a NEW lease for the year, as most FL leases are yearly.
You will then AUTOMATICALLY BECOME a MONTH TO MONTH tenant & that is, now the new "agreement", by NOT giving them 60 days.
HOWEVER remember.....AT ANYTIME you can agree to the "NEW" terms of the lease & GET OUT OF IT, by giving them your 60 Days WRITTEN notice letter to vacate the premises! **I WOULD RECOMEND GETTING A 2nd opinion Always as well, as i have not SCENE your EXACT agreement, HOWEVER...if its up, its up! So its YOUR MOVE...SIGN A NEW ONE, when your READY, give them ur 60 days!
**They can NOT make you pay MORE than 2 months, UNLESS YOU DO NOT GIVE THEM THAT WRITTEN 60 DAY NOTICE TO VACATE LETTER! OR, it states in your lease some where something different, (like you promised to stay until another renter is found, or pay 2 mths etc). IF IT IS A STANDARD LEASE..AFTER (1) ONE YEAR < A NEW ONE MUST BE SIGNED! That OLD one is NULL & Void, makes you then as i have already stated. so sign a new one, give 60 days, do both, or be Scre***!
IF YOU sign the new lease, & turn around and give them your WRITTEN 60 DAY LETTER to vacate- that is it! You HAVE signed a lease for a year, HOWEVER read carefully & BECAUSE you gave them 60 days in a written letter, you can get out of the lease...
IF you DO NOT SIGN A NEW LEASE / or give them your 60 day WRITTEN LETTER to vacate, you obviously are then a mth-mth tenant & they can raise is to pretty much anything they want.
Usually it is Prime rate +10-30% , with the Avg being between 15-20%.
This is an excerpt from a Texas landlord/tenant site which should clarify:
"My lease is about to expire and my landlord has just increased the rent by an unreasonable amount. Can he do this?
Unfortunately, yes. Texas has no rent control laws that limit the amount of rent increases once the lease has ended. However, the landlord will have to give thirty days notice of the rent increase if rent is paid monthly, unless the lease specifies a different notice period."
It's hard to find case law on point because the money at stake with most residential leases isn't worth paying an attorney $150-$200/hour to sort out. However, the Texas Property Code states that you must give one months' notice of termination of a month-to-month tenancy, unless othewise specified in the lease. Likewise, per the Texas Young Lawyers' Assocation Tenant Rights' Handbook, the landlord has to give one months' notice of any rent increase. I'm guessing this latter rule is based on case law. This also comports with logic because if they choose to raise the rent, you could then choose to give notice the same day of termination... and thus avoid paying the higher rent. My interpretation is that if 60 days' notice of termination (instead of 30) is required, then they likewise have to give you 60 days' notice of any rent increase. Thus, they could raise your rent with 60 days' notice instead of choosing to terminate your tenancy. If you don't want to pay the higher rent, you can give your 60 days' notice of termination.
THIS DOES NOT CONSTITUTE LEGAL ADVICE, WHICH WILL VARY DEPENDING ON THE INDIVIDUAL FACTS AND CIRCUMSTANCES OF A PARTICULAR CASE.
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