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FAQ

How do I negotiate a rental lease if the landlord does not want to negotiate?
There are many strategies and nuances involved in successfully negotiating a lease renewal, and many variables that can affect this process. One of the key variables are market conditions, with which you should be familiar. The more apartments available in your area, the more flexible your landlord is likely to be. Conversely, a tight rental market emboldens the landlord to charge more for lease renewals. The very best way to negotiate a lease renewal is to avoid the lease renewal process entirely, by negotiating "options" to renew the lease upon pre-determined terms. This is a very effective way to deal with lease renewals, and a method largely unknown to most renters. While you are facing the possibility of a 15% increase, your landlord is facing the possibility that you will not renew, which will likely cost the landlord at least 1 month of vacancy, possibly more. One month of vacancy represents 8% of the landlord's annual income from the apartment, 2 months' vacancy (or equivalent) would be a 16% loss for the landlord. This is the ordinary leverage that every tenant has when renewing a lease under normal market conditions. Based only on the leverage described above, you should be able to successfully negotiate a 50% reduction in the increased rent amount, which, all things being equal, is an equitable arrangement for both parties.  So return your notice or renewal form promptly with an offer to "split the difference" in the rent increase proposed. The best way to do this is to simply send the landlord the renewal papers already signed and changed with your proposed amount, highlighting the change in rent amount you made, together with your check for the increased security and a check for the 1st month's rent. The idea here is that it's harder for a landlord to say "no" when they already have the signed leases and checks in hand.
How much notice do I need to give my tenant of a rent increase? Can I do it at the renewal of the lease?
Dear “Anonymous:” (why are you hiding behind anonymity for this basic question? It's a little shady, to be honest…)You're asking the wrong question. Ask “If I were a Tenant and my Landlord was planning to raise the rent on me, how much advance notice would I appreciate having?” Probably, as much as possible. As a practical matter, this ends up being 75–90 days.This way, the Tenant has enough time to find a new place if they decide the increase is not worth it. More time also affords you a better chance to find a suitable new Tenant, if need be.The best Landlord practices are always those that treat the Tenant with respect and deference. Stuffing your Tenant with a [possibly outrageous] rent increase that they don't even find out about until 2 or 3 days before their Lease expires is bad faith.
How can a landlord rent out my apartment (the lease ends July 30, 2022. to someone else without contacting me to renew first?
Look over your lease carefully. IF he is obligated to ask you if you want to extend your lease, the language will clearly state that. You can also read up on your state’s landlord tenant laws. It MAY state that either party has to give notice within a set period of time like 30 days prior to the expiration of the lease. If it does not, double check with your states laws.It is not obligatory, regardless, for a landlord to extend your lease. There may be a reason he wants you out rather than extending that invitation.
Can a lease for a rented apartment automatically renew if the rent increases?
It depends on the terms of your lease. Generally speaking, renewal of a lease is an affirmative action that would be effectuated by a new document executed by both parties setting forth the terms of the renewal period, including any rent increases or changes in the original lease terms. It would not matter if the rent increases or stays the same.  Therefore, a lease that provides for an "automatic" renewal, in which the lease is renewed as a result of no action by the parties, could be held as unenforceable on that basis alone (again, depending on the wording in the lease).  In general, every lease expires on its expiration date by its own terms. No further action by the tenant should be necessary, and no inaction by a tenant should ever be construed as that tenant agreeing to lease real property under a valid lease agreement. To answer you last question, you certainly can send written notice of your intention to vacate at the end of your lease, and I would suggest you do so under the circumstances, but such action should really not be required of you.
If two people are living in an apartment (rent controlled, San Francisco) on a month-to-month lease (defaulted after not renewing the annual lease) and one person moves out, is that considered breaking the lease? Can the landlord increase the rent or ask for the apartment to be vacated?
Simplifying the question a bit, it is asking whether, in a rent-controlled San Francisco apartment, one tenant can continue a month-to-month tenancy when the other tenant moves out.The San Francisco Rent Board's page on Topic No. 151: Subletting and Replacement of Roommates states the following (noting that recent amendments to the Rent Ordinance may change some of the following information):Even where a lease absolutely forbids subletting, the San Francisco Rent  Ordinance and Rules and Regulations allow tenants to replace departing  roommates on a one-for-one basis, as long as the replacement roommate  meets the landlord's regular, reasonable application standards and the  tenant is not subletting the entire unit, but only replacing a roommate.For tenancies covered by the Rent Ordinance, the right to have a  specific number of roommates, whether express or implied, is included in  the definition of "Housing Services" under the Ordinance. This means  that the landlord's unreasonable withholding of consent to a replacement  roommate can be the basis of a Tenant Petition for a rent reduction  based on a substantial decrease in housing services. The amount of the  rent reduction would be the proportional share of the rent that the  departing roommate paid....The tenant may request the landlord to consent to a new replacement  roommate only one time per existing tenant residing in the unit in any  12 month period, absent good cause for additional requests.The landlord may serve any new roommate with a written notice under  Section 6.14 stating that the new roommate is not an "original tenant"  and that when the last of the original tenants vacates the premises, the  landlord may impose an unlimited rent increase on the remaining  occupants.So, if the departing tenant will be replaced, then the existing rental agreement may continue under the conditions described above.Interestingly, the departure of a tenant who is not replaced is not addressed. I suspect that if, in such a situation, the remaining tenant is willing and able to pay the full rent, then the existing rental agreement would remain in place with one, rather than two, tenants.
How can I negotiate a lower increase to my rent upon renewal?
Was the rental increase agreed at the start of your current lease and is it in the paperwork that you signed/agreed to? If that is the case then you have already agreed to the increase.If it is a new lease that you have been offered with the increase in rent you can make a counter offer (in writing) for the managing agent/owner to consider.
4 days before the new lease was sent out, the rent increased? Legal?
4 days before the new lease was sent out, the rent increased? Legal?My lease ends on August 15th. I must notify the landlord 30 days before leaving. A week before the lease ends, the landlord sends an email that the price will increase for the next year’s lease, which forces me to move out because of the expenses. Shouldn’t the increase be sent out a 30 days ago?If the lease did not state that the landlord had to notify you 30 days before the end of the lease, and there is no legal requirement for that in your location, then the landlord is within their rights. When a lease is up, it is up. If you want to renew the lease, or have a new lease initiated, then speak to the landlord. They may need to raise the rent to cover increased carrying expenses of the property.
If you can't continue to pay the rent for your apartment how do you break out of a lease?
This is a very common situation. If your financial distress is temporary, you may be able to work out a temporary arrangement with your landlord, but that is not common. In most cases, the landlord will act swiftly to enforce the lease and evict the non-paying tenant, regardless of the reason the tenant cannot pay the rent. Therefore, you must be pro-active insted of re-active.The best method to break your lease (regardless of the reason) is to simply find a qualified replacement tenant who is willing to take over your existing apartment lease and/or sign a direct lease with the landlord. Once you have found such a person, then simply inform the landlord that you are unable to continue your tenancy and request permission to assign (not sublet) the lease to your replacement or, alternatively, to terminate your lease without penalty in exchange for signing a new lease with your replacement tenant.That is how to break out of a lease with no harm and no foul. In many cases, the replacement tenant is willing to pay a higher rent (perhaps because the apartment has risen in rental value) and the landlord is then, of course, very happy to accomodate your request to break your lease early without any penalty. This way, you turn a potential problem into an opportunity for the landlord and everyone is happy.
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