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The office of the apartment complex that I live at has sent

 

Customer Question

The office of the apartment complex that I live at has sent to me a total of 4 lease renewal notifications. After sending me the first one, they decided to change the expiration of their first offer and prices. I would like to know if this is legal or unscrupulous, and what legal right do I have to hold them to their first offer. After all, it does not expire until 9.8.8.

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The first notification is dated 7.22.8 It reads as follows:

The lease on your apartment xxx will expire on 9.30.8 We are currently offering the lease renewal terms and rates shown below.

1. You may sign a 12 month lease renewal for $399 per month.
2. You may sign a 6 month lease renewal for $419 per month.

This offer will expire on 9.8.8 If you do not choose to renew your lease, you may remain month-to-month for a new rent of $439.
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The second notification is dated 8.14.8 It reads as follows:

Just a reminder your lease is expiring soon! We just want you to know we are having a rent increase on 9.1.8 Our small one bedroom will be increasing to $369 per month, our Deluxe will be $419 per month and our 2/2 will be $579 per month. To avoid this rent increase you must renew your lease before 8.31.8
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I received the 3rd notification (undated) on 8.27.8 It reads as follows:

Last chance to renew your lease to avoid the new rental rate that will be taking effect on 9.1.8
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The fourth and last notification that I received is dated 8.28.8 It reads as follows:

The lease on your apartment xxx will expire on 9.30.8 We are currently offering the lease renewal terms and rates shown below.

1. You may sign a 12 month lease renewal for $419 per month.
2. You may sign a 6 month lease renewal for $439 per month.

This offer will expire on 10.15.8 If you do not choose to renew your lease, you may remain month-to-month for a new rent of $459.

Submitted: 1712 days ago.
Category: Real Estate Law
Value: $20
Status: CLOSED
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Expert:  INFOLAWYER replied 1712 days ago.

until you accept, sign and return the renewal offer, the offer is unaccepted, can be revoked and replaced. In your facts, since you didnt accept the 1st, 2nd, 3rd, then the 4th is the offer you can now accept or reject. However, if the first offer provides a time period in which it will remain open and it is required to be given under the lease, then the landlord cannot withdraw it.

Customer replied 1711 days and 23 hours ago.

Can you explain what you mean by "required to be given under the lease" ?

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Expert:  INFOLAWYER replied 1711 days and 23 hours ago.

some leases, especially rent stabilized one, require that a renewal be provided in advance of the end of the term and that the renewal offer remain open for a certain period of time. This would be outlined in your lease and would not apply to a private market lease.

Customer replied 1711 days and 23 hours ago.

Apologies for bugging you so much. I read your last answer and then read my lease agreement. I did not see anything that outlines that they must provide a renewal offer for a certain period of time. However, in your first answer, you said that "if the first offer provides a time period in which it will remain open" they cannot withdraw their offer. Does this remain true even if my lease agreement does not state that they are required to offer a renewal to me for a specifc amount of time?

Accepted Answer

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Expert:  INFOLAWYER replied 1711 days and 23 hours ago.

you're not bugging me at all. I enjoy helping out. If the offer states that it will remain open for a period, then it needs to so remain, even if not required in the lease.

Please accept my answer so that I get credit

Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 94.7 %
Accepts: 7194
Answered: 9/2/2008

Experience: Licensed attorney helping individuals and businesses

Ask this Expert a Question >
Customer replied 1711 days and 23 hours ago.

Thanxx sooooooooo very much for your time and answers!!!!!!!!!!!!!!!!!!

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Expert:  INFOLAWYER replied 1711 days and 23 hours ago.

Anytime.

 
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