My lease is up November 30, 2016. Terms dictate I need to give 60 days written notice if I intend to leave, otherwise the lease is renewed automatically, but only month to month. I do not intend to leave and did notify my Lessor that I intend to stay. On November 16 my Lessor provided a new lease with a rent increase and requested it be signed and returned by November 22. I am being given 2 weeks notice of an increase with 1 week to sign.
After reading several Q&As online, it seems like they should have been held to the same 60 day notice to increase my rent that I was held to if I wished to move. However, after thorough review of my original lease, it appears the Lessor does *not* have to commit to a certain time frame, other than abiding by the law to not increase the rent until the lease expires.
My lease states at the end of my lease on November 30, the auto renewal is for a *month to month* basis and during that time not only are they allowed to increase the rent as they please without a specific amount of days of prior notice, they will also add an additional $100 monthly fee until I sign the new yearly lease. It seems I could insist that my rent for December and January remain the original rate as I was not given 60 days notice of an increase, but they will then charge me the $100 monthly fee which is more than the 4% increase to begin with. So it’s probably in my best interest to just suck it up and sign the new lease with the increased rate by November 22, right?
Is this correct - I have no recourse? Is there a specific response I can use to contest the rent increase while also securing a new lease for December 1?
Section 34 of my lease states: RENEWALS
Unless either party shall give notice to the other party at least 60 days prior to the expiration of the lease term that they are terminating this lease on the scheduled lease termination date, or signing of a new lease prior to such date, this lease shall automatically be renewed for successive terms of one month each, on the same terms and conditions contained in the lease. Monthly rental shall be adjusted to reflect the monthly rental rate then in effect. In the event an annual lease has not yet been signed so that this lease is extended to a month to month lease by hold-over of the Lessee, either party may terminate such a tenancy upon 30 days prior written notice. Any lease that becomes a “Tenant at Will” or “Month to Month” agreement is subject to an additional fee of $100.00 per month. This amount is in addition to any rent increases that were to become effective at lease renewal.