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Rental Increase

Discussion in 'Rental Agreements & Subleases' started by DaniiRoundtree, Apr 27, 2017.

  1. DaniiRoundtree

    DaniiRoundtree Law Topic Starter New Member

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    Jurisdiction:
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    Hi,

    I've been renting out a room for 5 months to a tenant on a month to month basis. Originally the tenant told me they'd be moving in March- that was two months ago. We have a written agreement. I previously informed the tenant that I was possibly looking to move once my lease was up. I decided to stay and my rent has gone up. Originally I agreed for the renter to pay $600 on a month to month basis because I thought it was short term. I typically split everything with renters. Since my lease is up for a renewal, my rent has increased. I have asked my tenant to renegotiate the terms of the month to month agreement for a split of the new rental payment which is $773.88. I gave the renter 15 days ago. I'd like to know what my rights are regarding this manner. The renter is refusing to pay the new rental amount and sign a new agreement. The renter is also refusing to grant me a 30 day written notice prior to vacating. They want a 15 day notice which I don't believe is lawful.
     
  2. DaniiRoundtree

    DaniiRoundtree Law Topic Starter New Member

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  3. adjusterjack

    adjusterjack Super Moderator

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    A written agreement that says what, exactly?

    A specific duration, like X number of months or "from - to" dates?

    Or "you just pay me X dollars per month" with no termination date written in.

    That's very important with regard to the question about notice.
     
  4. DaniiRoundtree

    DaniiRoundtree Law Topic Starter New Member

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    Here is the agreement

    Room Accommodation Agreement


    An agreement to rent accommodation at (the premises) made on (date) December 10, 2016 (1) Name of occupant:

    Name of Accommodation Provider:

    Address of landlord if not the same as above at ‘the premises’:Address the same

    Accommodation providers contact phone number:

    The Accommodation Provider Agrees To: Provide and maintain the premises in good order and condition. Allow the occupant access to and use of the bedroom (as inspected) and: ( applicable) Kitchen Family Room, Laundry Bathroom/toilet.

    Allow the occupant:

    Privacy and unconditional access to the room and described facilities.

    Provide: ( appropriate) House key No of keys: 1

    The Occupant (named above) Agrees To Pay:

    Security deposit of $300 on December 18, 2016 (date) (Prorated rent for month of December)

    Board of $600 per month commencing on January 1, 2017 (date) and each

    The cost of telephone calls made by the occupant (if appropriate)

    Parking $5, half of electricity and water charges if renting room only (To be split According to usage.)

    The occupant also agrees to:

    Abide by the terms of this agreement until (date agreement ceases) month to monthunless it

    is broken earlier by a minimum of 2 weeks’ notice by either party.

    Respect the rights of the accommodation provider by:

    Not damaging the room or the premises

    Using the room for personal use only

    Maintaining own bedroom in a reasonably clean and orderly state

    Paying board on time

    Not going upstairs for any reason

    The Accommodation Provider and occupant each agree:

    1. A property inspection report on the premises shall be compiled by the accommodation provider at the beginning of the occupation and signed by both parties.

    2. To inspect the premises on the day that the occupant vacates.

    3. To provide a minimum of 2 weeks’ notice for vacating the property.

    4. The security deposit will be paid in full upon moving in.

    5. Permission will be obtained before entering rooms designated for the exclusive use of the

    accommodation provider or occupant.

    6. The premises and the property of other housemates will be treated with appropriate care.

    7. Illegal, unlawful or unsociable activities will not be undertaken on the premises.

    8. All common areas will be kept in a reasonably clean and orderly state.

    9. Excessive noise and other disturbances will not be created.

    10. All difficulties in the house will be openly discussed to try and reach a mutually satisfactory

    resolution.

    11. To abide by any other conditions as attached. (Signed and dated by all parties).

    Signatures:

    Occupant (1) Date: _____________________________________________________

    Accommodation Provider Date:12/12/16___________
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Was there a date inserted there in the signed copy?
     
  6. mightymoose

    mightymoose Moderator

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    You are likely required to give your tenant the same advance notice of the rent increase as your landlord gave you. This is often 60 days.
    Either give the notice to increase the rent and wait it out or give notice to end the lease... which might also be 60 days.
    The rules are sometimes a bit different when renting a room in a residence you still occupy, but since you are doing month to month with the rent I'd expect you to have 60 day notices.
     
  7. DaniiRoundtree

    DaniiRoundtree Law Topic Starter New Member

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    Is the tenant required to give 30 day notice by law?
     
  8. DaniiRoundtree

    DaniiRoundtree Law Topic Starter New Member

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    And I was not given 60 days advanced notice. I was given 30
     
  9. adjusterjack

    adjusterjack Super Moderator

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    You haven't answered my question:

    Was there a date inserted there in the signed copy?

    I don't ask questions just to admire my typing skills.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    That's not what I was asking. I'm asking about the following sentence:

    Do you see the phrase (date agreement ceases)?

    In the actual signed agreement was there a date inserted between the parentheses or was that phrase just left in there or taken out?
     
  11. DaniiRoundtree

    DaniiRoundtree Law Topic Starter New Member

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  12. army judge

    army judge Super Moderator

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    Sigh, again.......and.....again......and......again
     
  13. army judge

    army judge Super Moderator

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    That would likely be your easiest solution, if the other party agrees.

    One caution, in some states you aren't allowed to use the security deposit to satisfy the last month's tenancy.

    I believe GA disallows that practice.
    ...
    ...
    ...
    Security Deposits (Georgia)
    ...
    ...
    What is a security deposit and why do I have to pay it?
    =====================================================================
    The security deposit protects the landlord if the tenant vacates without making required
    payments or damages the unit. If the tenant gives proper notice and vacates without owing any rent or damages, the landlord must return the security deposit to the tenant within thirty (30) days.

    Under Georgia law (O.C.G.A. §44-7-30) a security deposit is money paid by the tenant to
    the landlord and includes damage deposits, advance rent deposits, and pet deposits. Amounts identified in the lease as the security deposit are refundable to the tenant. The security deposit does not include nonrefundable fees, or amounts applied toward payment of rent, services, or utilities.
     
  14. adjusterjack

    adjusterjack Super Moderator

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    Yes, now that I got the answer to my question.

    The GA landlord tenant statute allows for two types of rental agreements:

    1 - An agreement for a fixed time. You don't have that.

    2 - An agreement "at will." That's what you have.

    See 44-7-1:

    2015 Georgia Code :: Title 44 - PROPERTY :: Chapter 7 - LANDLORD AND TENANT :: Article 1 - IN GENERAL :: § 44-7-1 - Creation of landlord and tenant relationship; rights of tenant; construction of lease for less than five years

    To terminate a tenancy at will the statute requires that the LL give 60 days notice and the tenant give 30.

    See 44-7-7:

    2015 Georgia Code :: Title 44 - PROPERTY :: Chapter 7 - LANDLORD AND TENANT :: Article 1 - IN GENERAL :: § 44-7-7 - Tenancy at will -- Notice required for termination

    However, your contract calls for 15 days notice in either direction.

    I believe that's enforceable because the GA statutes have a section that prohibits contractual waivers of specific statutes and the termination notice is not include in that prohibited list. Therefore the statutory notice requirement can be waived as you and your tenant has done.

    See 44-7-2:

    2015 Georgia Code :: Title 44 - PROPERTY :: Chapter 7 - LANDLORD AND TENANT :: Article 1 - IN GENERAL :: § 44-7-2 - Parol contract creating landlord and tenant relationship; certain provisions prohibited; effect of provision for attorney's fees

    A rent increase is the equivalent of a termination of the existing rental agreement. You gave her 15 days notice to pay the increase. If she doesn't pay it you can refuse partial payment, serve the pay or quit notice, and evict her if you want to go that route.

    By the way, you don't "ask" a tenant anything, you "tell" the tenant what's what, you do it in writing, and you enforce it the moment the tenant fails to comply.
     
  15. DaniiRoundtree

    DaniiRoundtree Law Topic Starter New Member

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    Do you have a contact number or email where you can be reached at? She has also refused to speak with my personal attorney. So I need to verify with her that this information is valid and I am in my legal rights to ask for a new agreement and increase.
     
  16. army judge

    army judge Super Moderator

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    She doesn't have to speak to any attorney.

    She also isn't required by law to speak with you.

    She does, however, have to answer to the legal process.
    Ask YOUR lawyer how you can proceed.

    At this point, why pursue her?

    Its obvious any relationship you had has deteriorated.

    It might be time to allow her to leave.

    Again, YOUR lawyer is the best person to address this for you.

    If she doesn't attend to a licensed lawyer in your county, why would she bother with someone off of the internet?
     
  17. adjusterjack

    adjusterjack Super Moderator

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    Again with the "ask"?

    Yes, do call your attorney and get proper advice.
     
  18. army judge

    army judge Super Moderator

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    I learned decades ago that if the other person refuses to negotiate, attend, or interact civilly with you, its time to terminate the relationship.
     

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