QUESTION
Does the new management of our apartment can make changes without notice to the tenants?
Asked on Sep 01st, 2012 on Landlord and Tenant Law - New Jersey
More details to this question:
I have lived in an apartment for one and a half years and have paid the same amount for rent. A new management company just took over our office. They are trying to charge more money saying it is for taxes and they do not want to honour the five day grace period because it is not in there contract. They are trying to bully me with all this. I feel they should leave our contracts as is until it expires. I feel they are violating my rights. I told the manager that they needed to give everyone a legal 30 notice about the changes they want to instil.
9 ANSWERS
Dennis P. Mikko
If you have a signed lease, the new company would take over the complex subject to the terms of your lease. You would have to refer to your lease to see if and how any changes could be made. Typically, changes cannot be made unilaterally and you should be able to follow your lease until it expires.
Answered on Sep 07th, 2012 at 2:36 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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They must honor the existing contracts.
Answered on Sep 07th, 2012 at 2:33 PM
Lisa Hurtado McDonnell
The lease is the governing document, so no they can't charge more for taxes if it not in the lease and if the grace period is not in the lease then you can't rely on it.
Answered on Sep 07th, 2012 at 2:32 PM
The owner or manager can only increase the rent if: (1) the increase is because of an increase of the rental tax rate and (2) the rental agreement has specific language that allows such an increase. Go here for the statute: ARS Section 33-1314(E)_http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01314.htm&Title=33&DocType=ARS_ (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01314.htm&Title=33&DocType=ARS) As for the five day grace period, the new manager (and even a new owner) must comply with the terms as expressed in the signed lease. If the current lease gives you a five day grace period before a late fee is charged, then the new manager cannot unilaterally change it.
Answered on Sep 07th, 2012 at 2:32 PM
The new company must honor all rental agreements in place when they take over management that includes whatever notice period for changes that the agreement requires.
Answered on Sep 07th, 2012 at 2:12 PM
Leonard A. Kaanta
The new ownwers ae bound by the lease that you had with the old owners.
Answered on Sep 07th, 2012 at 10:47 AM
If you have a written contract, it can only be changed according to the terms of the contract. So, if you do not give permission to change the contract, the language in it determines matters such as rent increase and notice periods, regardless of whether there is "new management." Good luck!
Answered on Sep 07th, 2012 at 10:41 AM
Bankruptcy Attorney serving Grand Rapids, MI
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Unless your contract provides otherwise notice is generally 30 days of any increase in rent.
Answered on Sep 07th, 2012 at 10:30 AM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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In NJ Rey must terminate the lease and make changes under a new lease. They cannot make changes during the lease term. Rent cannot be raised until the lease ends unless the lease gives them permission to do it. They cannot take away a grace period if it is in the lease.
Answered on Sep 07th, 2012 at 10:21 AM