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Loren, Attorney
Category: Legal
Satisfied Customers: 33532
Experience:  30 years experience representing clients.
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My apartment was taken over October27, the new owners

Customer Question

My apartment was taken over October27, the new owners increase the rent by 300.00.. They wanted to start. November 1.. they had all month to notice us. They come in my apartment. Anytime they want when I'm not there.. what can I do to stop this.. I'll be moving soon..I'm still going to the magistrate to file an complain.. I told them about the stove don't work ,an the out.. they don't care.
Submitted: 9 months ago.
Category: Legal
Expert:  Loren replied 9 months ago.

Good morning. I am Loren, a licensed attorney for over 30 yrs, and I will be assisting you this morning.

Do you have a written fixed term lease currently in force or are you month to month?

Customer: replied 9 months ago.
No lease, they never gave me a new one
Expert:  Loren replied 9 months ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 9 months ago.

A landlord in a month to month tenancy may increase the rent, but they are required to give more than 3 or 4 days notice. Thirty days prior notice is standard and typical.

Expert:  Loren replied 9 months ago.

So, the increase in rent should not be starting until December 1, as that would be the next date rent is due.

If they try to evict you fro not paying the increase in November then you can assert the lack of notice as a defense and also file a counterclaim for unlawful eviction.

Expert:  Loren replied 9 months ago.

You can also serve notice in writing on them that they are not to access your apartment, other than for emergencies or other lawful reasons, without giving notice. Otherwise, you can file trespassing charges on them and also sue for civil damages.