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My management company sent my lease renewal to me on August 2nd (after me repeatedly asking for it) because my current lease is up as of August 31st, 2012. My roommate was moving out so they needed to update the lease to reflect my new roommates name and take my current roommate off. On the original lease renewal, the rent increase was 2% for a 1 year lease and 4% for a 2 year lease. However, when they sent back the updated lease with my new roommate's name included on it, they whited out the original rates and increased the rates to 3.75% for a one year renewal and 7.25% for a 2 year renewal. I had signed the original lease renewal for the one year at a 2% increase and they are saying that it was a mistake and it's actually supposed to be 3.75%. Can they legally change the rates even though I had signed the original?
Of course. They hadn't counter-signed it.
They can't white-out figures on a document that's already been signed by one party. He signed it in acceptance of the original figures. They made him an offer (with 2% and 4% increases), and he agreed to it. That should be a done deal.
It sounds like you're in a stabilized apartment. They originally gave you the rent increases that go into effect (I believe) on either September 1 or October 1 (I can't remember what month they start). It sounds like they realized the mistake and realized you were on the border and they could charge you the higher increases from last year. These increases are voted on annually and change from year to year. I'm not 100% sure, but pretty confident this is correct.
I assume both parties have to sign the document for it to be in effect, so you signed it...did they sign it?
If not, your communication was likely an offer which requires the LL to accept. If there was no signature by the LL, then you have no agreement.
Legally they can raise the increase if there is no established agreement.
i presume they're obligated to the original lease only if you kept your old roommate. since you have a new roommate and lease, and you both need to sign new contracts, then yes they can change it to reflect new rates. if you're not fine with it, it's your option to move out and not renew the lease.
w23rd, you're right.
The Rent Guidelines Board's increases for 10/1/2012-9/31/2013 will be 2% and 4%.
For 10/1/2011-9/31/2012 they're 3.75% and 7.25%.
Then (I believe, IMO, check with your mouthpiece) it must be treated as a continuing tenancy, but with the removal of one tenant and the (optional for the landlord) addition of another.
No vacancy allowance, and the renewal has to start upon the end of the previous lease ... LL is not entitled to the later guidlines' increases simply due to heel-dragging.