Anyone know if this is legal?

[Phaelynar]

Currently I live in an apartment complex on ASU property, but not currently owned by ASU. As a resident, you sign a lease agreement with the current management of the property, and in the agreement it states that notifications of rent increase are applicable if received 30 days prior to expiration of the contract. However, recently ASU residential life has purchased the property and is going to be renovating it over the summer, which will increase our rent by $180 a month. The letter was issued February 19th, and in the letter, they are giving us until Februrary 26th to decide whether or not we will re-sign a new contract for next semester, and if we don't, they will give our rooms away to other applicants. Basically, my question is whether it's within their power to only give us one weeks notice to re-sign the lease and add $180 a month for next semester, seeing as technically they gave us the notice 30 days prior to expiration of our current contract due to the fact that it expires on May 11th. It is my belief that their being complete ******** about giving us 1 week to decide on a 38% increase per month in rent, or find another place to live.

[robnix]

Currently I live in an apartment complex on ASU property, but not currently owned by ASU. As a resident, you sign a lease agreement with the current management of the property, and in the agreement it states that notifications of rent increase are applicable if received 30 days prior to expiration of the contract. However, recently ASU residential life has purchased the property and is going to be renovating it over the summer, which will increase our rent by $180 a month. The letter was issued February 19th, and in the letter, they are giving us until Februrary 26th to decide whether or not we will re-sign a new contract for next semester, and if we don't, they will give our rooms away to other applicants. Basically, my question is whether it's within their power to only give us one weeks notice to re-sign the lease and add $180 a month for next semester, seeing as technically they gave us the notice 30 days prior to expiration of our current contract due to the fact that it expires on May 11th. It is my belief that their being complete ******** about giving us 1 week to decide on a 38% increase per month in rent, or find another place to live.

You'll have to check your local and state laws regarding this, as it's different everywhere. I know here, that would be illegal.

[Pacifist_Farmer]

I'm gonna guess that it is completely legal.

They being a new owner, should invalidate your previous contract, and they can set the rent wherever they'd like.

Then again, check your local laws.

[robnix]

I'm gonna guess that it is completely legal.

They being a new owner, should invalidate your previous contract, and they can set the rent wherever they'd like.

Then again, check your local laws.

http://www.supreme.state.az.us/info/brochures/landlord.htm

II. Rental Agreements and You

a) Rental agreements can usually be oral or written for rental periods of 12 months or less, but if your tenant is renting for longer than 12 months, the agreement must be in writing. You must give the tenant a signed copy of the agreement with all blank spaces filled in.

b) If you and the tenant do not formally establish how long the rental agreement will last, then it becomes a month-to-month agreement, and rent is due to you on the first day of each month.

c) If your tenant fails to pay the rent on time, you can collect all reasonable charges specified in the rental agreement.

d) You can raise the amount of the rent after the full-term of any rental agreement has expired. If the tenant is renting month-to-month, you can raise the rent only after providing one full month's advance notice to the tenant. Rent can also be raised during the term of a lease to add any increase in the transaction privilege tax or other increase specifically provided for in your rental agreement with the tenant.

[robnix]

Currently I live in an apartment complex on ASU property, but not currently owned by ASU. As a resident, you sign a lease agreement with the current management of the property, and in the agreement it states that notifications of rent increase are applicable if received 30 days prior to expiration of the contract. However, recently ASU residential life has purchased the property and is going to be renovating it over the summer, which will increase our rent by $180 a month. The letter was issued February 19th, and in the letter, they are giving us until Februrary 26th to decide whether or not we will re-sign a new contract for next semester, and if we don't, they will give our rooms away to other applicants. Basically, my question is whether it's within their power to only give us one weeks notice to re-sign the lease and add $180 a month for next semester, seeing as technically they gave us the notice 30 days prior to expiration of our current contract due to the fact that it expires on May 11th. It is my belief that their being complete ******** about giving us 1 week to decide on a 38% increase per month in rent, or find another place to live.

Here's the Arizona Landlord Tenant Act.

http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/

[Phaelynar]

My question is more regarding whether there is a limitation to how long a tenant has to respond to a rent increase prior to their residence being contracted to a new tenant

[Lohman446]

My question is more regarding whether there is a limitation to how long a tenant has to respond to a rent increase prior to their residence being contracted to a new tenant

My guess (not a lawyer)

They are under no obligation to allow you to continue to live there after the term of the contract. Being new owners they could simply decide they are not renting to you after your contract expires. Is it a ridiculous small amount of time for you to decide? Sure it is, but it is not outside of there legal rights either, and falls within the contract they have stated. They are simply telling you that you get one week to sign under a new contract, or it goes up for grabs. They are not forcing you out before your contract expires.

[Phaelynar]

My guess (not a lawyer)

They are under no obligation to allow you to continue to live there after the term of the contract. Being new owners they could simply decide they are not renting to you after your contract expires. Is it a ridiculous small amount of time for you to decide? Sure it is, but it is not outside of there legal rights either, and falls within the contract they have stated. They are simply telling you that you get one week to sign under a new contract, or it goes up for grabs. They are not forcing you out before your contract expires.


Yeah I understand. But the question is whether or not Arizona has a statute that gives the tenant a "reasonable" amount of time (whatever that may be) to decide whether or not to renew a lease, given an increase in monthly rent in the new agreement.

[Lohman446]

Yeah I understand. But the question is whether or not Arizona has a statute that gives the tenant a "reasonable" amount of time (whatever that may be) to decide whether or not to renew a lease, given an increase in monthly rent in the new agreement.

I doubt it. They are not even obligated to allow you to resign a new lease and can terminate it at the end of the agreement even without an increase (I would assume)>

[robnix]

Yeah I understand. But the question is whether or not Arizona has a statute that gives the tenant a "reasonable" amount of time (whatever that may be) to decide whether or not to renew a lease, given an increase in monthly rent in the new agreement.

Read the links I posted, they contain the state codes that both your landlord and you must follow, if it's not in there then look for a local renters rights organization to help you out.

[thecavemankevin]

Yeah I understand. But the question is whether or not Arizona has a statute that gives the tenant a "reasonable" amount of time (whatever that may be) to decide whether or not to renew a lease, given an increase in monthly rent in the new agreement.

no. because you knew the contract was coming to an end and that renewal was either going to be an option or not. There is likley no stature that makes them give you "enough time" to make up your mind

sorry

[Phaelynar]

no. because you knew the contract was coming to an end and that renewal was either going to be an option or not. There is likley no stature that makes them give you "enough time" to make up your mind

sorry


Obviously I knew it was coming to an end. But prior to the notification of a rent increase, how was I supposed to know that? There's a difference in knowing the lease agreement is coming to an end with the opportunity of renewing the same lease, than a difference in knowing that rent is being increased by 38% each month in the next agreement.

I called the lady who is in control of this whole situation and apparently there's a loophole they "failed to mention" in the letter. According to them, I can pay $75 (non refundable) to choose to renew the lease, and up to or prior to May 1st I can cancel that agreement and decide to live elsewhere. I told her it was irresponsible of them to leave that information out of the letter, and that they should re-issue the letter with that correction made and adjust the renewal date to a week after receiving the updated letter.

[Rabbit]

apparently there's a loophole they "failed to mention" in the letter. According to them, I can pay $75 (non refundable) to choose to renew the lease, and up to or prior to May 1st I can cancel that agreement and decide to live elsewhere. I told her it was irresponsible of them to leave that information out of the letter, and that they should re-issue the letter with that correction made and adjust the renewal date to a week after receiving the updated letter.


I went through this while I was going to ASU. And yes, it is legal. And it is not irresponsible for them to NOT tell you about the loophole. Rude, yes, but as far as responsibility goes, they are responsible for their own profits, and if you leaving makes more profit....

I think it's kinda rotten that the prior owners didn't have a previous tenant clause put into the sale contract stating that no rent increases should be enacted until X months after final sale. The new owners are after what's best for them, the old owners should have tried to look out for the tenants.

[Phaelynar]

I went through this while I was going to ASU. And yes, it is legal. And it is not irresponsible for them to NOT tell you about the loophole. Rude, yes, but as far as responsibility goes, they are responsible for their own profits, and if you leaving makes more profit....

I think it's kinda rotten that the prior owners didn't have a previous tenant clause put into the sale contract stating that no rent increases should be enacted until X months after final sale. The new owners are after what's best for them, the old owners should have tried to look out for the tenants.

Well theoretically, they'd make more money if they did. Let's say a person chose to pay the non refundable $75, and then decided not to live there. They then notify a person on the waiting list, and they pay that $75 application fee, on top of the new rent. They'd make more money due to the people paying and not living there, than paying and living there.