landlord upping rent mid lease

[kush664]

hello

im in a lease in an apartment complex for 2 years and 2 months after the first year they want to up my rent by $40 for a garage that is included under the terms of the lease im no lawyer but isnt a lease a binding contract that cannot be altered unless both partys agree to change it and what actions should we take in response to this

 

[MorgansDaddy]

The landlord has the right to raise the rent with 30 days written notice.

 

[army judge]

hello

im in a lease in an apartment complex for 2 years and 2 months after the first year they want to up my rent by $40 for a garage that is included under the terms of the lease im no lawyer but isnt a lease a binding contract that cannot be altered unless both partys agree to change it and what actions should we take in response to this

So, you've signed a lease for two years and two months. You're into the lease for one year now. The landlord is trying to raise the rent on the garage that is included in the current lease. Do I understand your dilemma correctly?

If I've summed up things correctly, how did the landlord communicate the intent to effect the increase on the garage?

You're right, if things are as I've restated them, the increase can't be assessed unless you both agree. The landlord can't assess an increase halfway into a current lease. If that is what is being done, you can respond via letter that your lease is valid for another 14 months. You do not agree to an increase in the garage rent at this time. Such an increase would violate the terms of your current lease and your lawyer has advised you not to agree to this increase.

 

[MorgansDaddy]

Take Army's advice. Sorry for being wrong on this one.

 

[kush664]

thank you
the lease was for 2 years and we are on the 14th month
the paperwork they gave us is
lease amendment for garage rentals says lease amendment agreement made between lessor or agents for lessor (hereinafter referred to as "lessor") name of resident adress apt# ect. this lease amendment covers garage # monthly rent will be $40 prorated rent or specials (left blank) then states either party may terminate this agreement by giving a 30 day written notice in advance to either party vacating notice must be given on or before the first day of the month prior to vacating regardless of the number of days in that month if proper notice is not given the lessee will be liable for the next months rent all rent shall be due and payable in advance on or before the first of each month included with your unit rental then asks me to sign

 

[army judge]

If the garage is included on your current lease, refuse to sign. Make sure the garage is on your current lease before refusing.

If the garage isn't on your current lease, this appears to be an addendum to cover the garage rental. You could have a decision to make.

 

[mightymoose]

Would the landlord's attempt to raise the rent give the tenant valid reason to break the lease and move out?