Legal Question in Real Estate Law in New Jersey
Rent Increase Without Notification
We rent a condo. 90 days before our first 1-year lease was to expire, we receive a registered copy of our renewal, including a $20 per month increase.If we accepted the terms we did not have to return the form. We did not and our rent was increased.It's now been another full year and we did not even receive a renewal form. When we got the bill for the first month of what would be the new year, it included a $30 increase. We don't object to a rent increase,however we were never informed of this increase,and never signed a new lease agreement.I understand that we didn't sign last year, either. However, last year we were notified and this year we weren't. When I questioned the landlord on this, he told us that he sent the agreement about 90-days prior. I do not believe this, as last year the agreement was sent to us through registered mail. We do not mind paying $30 more per month. But we will not do so until we get a registered copy of the new agreement. For the first month, I paid the amount that we had previously been paying, not the increased amount. When we received our bill for the next month, it not only included the rate with the $30 increase, but also a $30 past due charge. What should we do?
2 Answers from Attorneys
Re: Rent Increase Without Notification
The landlords attempt to increase your rent by either sending you a revised lease or by just sending a rent bill with a higher amount is inproper and will not be enforced in a court of law. Write the landlord a letter saying that you dispute the increase, the late fee, and any future increase not done in accordance with NJ state law. Continue paying your prior rental amount in a timely fashion and invite the landlord to sue you for the balance. It would be a frivilous claim.
Re: Rent Increase Without Notification
Failure to be able to verify proper and timely notice (return receipt for a certified or registered mail), usually means that the prior lease has been renewed at its existing terms. It appears the landlord missed the boat, by not providing timely notice in proper form. Advise the landlord of this - but it could mean you will be in for a hard time - so try to amicably negotiate a new deal, remembering you are in the driver's seat because of his failure to give proper notice. Perhaps a written agreement of annual increases (keep it minimal) unless you notify him that you are terminating. Finally, is the apartment in a rent control area - this may limit the annual increases.
Walter
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