Advice about a lease issue?

I just signed a new one year lease two months ago for my apartment, my previous lease ended at the end of the year. My rent went up $30 to $685 - that is what is on the lease that I signed for another year starting in january. I went to go pay my rent this month and it says $755. When I called them they said my first lease must have been a misprint and they wanted me to sign a new lease with the NEW increase. Now - they had me sign the new lease 2 months ago (they give you 2 months so if you aren't going to sign a new lease you can have time to find another place) and now they are saying if I don't sign a new lease I have to move out ASAP, which wouldn't be easy since I'd have to find a new place and get everything moved.

Can they just break the lease we signed and make me sign a new one because they jacked the price up since I signed that lease? I don't believe it was a "misprint" because it lists the price several times on the lease -including the total for a year and we even talked about the increase when I signed the new lease.

What can I do?

Look up tenant's rights in your state. Google your state plus "tenant's rights" and see if you can find a page detailing your rights within a lease. I am certain they cannot do this. But find some info, then put in writing what occurred, what the state says they can and cannot do, and mail it to them certiifed.

Start here:
http://www.hud.gov/local/ny/renting/tenantrights.cfm

Yep, it varies from state to state, but as far as I know they can't do that. Once a lease is signed at a certain rent amount, the rent is set. Even if they raise the amount a week later, YOUR amount is as stated in the lease.

But, look things up and maybe even find someone you can take your current lease to for a look-over. Be sure before you say, or sign, anything.

Is your lease agreement signed by the leasing office manager and you stating how long your lease is good for (and did you get a copy of it after everyone had signed it)? If so, I'd remind them that it's a binding contract and depending on their reply, suggest you may have to contact the state regarding finding out your rights and see if they change their tune.

Quote:

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Originally Posted by rabernet

Is your lease agreement signed by the leasing office manager and you stating how long your lease is good for (and did you get a copy of it after everyone had signed it)? If so, I'd remind them that it's a binding contract and depending on their reply, suggest you may have to contact the state regarding finding out your rights and see if they change their tune.

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Yea, they are really lax about that stuff here but I'm crazy about bills and contracts and all that so I insisted it was done "right".

When I signed my lease we signed two copies - one for them and one for me to keep in my records. The lease period begins January 1, 2009 and ends December 31, 2009 and lists my total monthly rent as $685.

Also, I saw there was something about that a landlord has a month after a tenant accepts a renewal agreement but we have had this wrapped up and signed since mid October.

Wow! I'm sorry. I second what everyone is saying about looking up state info, etc. In the mean time, make sure the keep paying rent (the $685 as specified in your lease) on time so they can't try to get you on that.

Although every State and Municipality has varying laws and you must be sure of the laws that apply to you, it sounds to me like you have them. Don't leave the lease in your apartment. It might disappear while you are away.

A signed lease is a contract. You have a contract with them for the specified amount of time. Contact a lawyer if you can find one to advise you without much of a fee, or just tell the landlord that you would be happy to discuss the CONTRACT in a lawyer's office of your choosing. Put the contract in a bank safety deposit box.

I'm hoping I can get everything settled friendly like, ya know?

I don't want to spend the next year at odds with the apartment manager - I like as little drama as possible so this whole thing really irks me.