Under what circumstances can I be charged back rent for an increase that I did not know about?

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Under what circumstances can I be charged back rent for an increase that I did not know about?

I renewed my lease as an occupant. I negotiated the renewal with property manager.The original leasor did not sign the renewal. When giving notice to vacate, the office said that the last lease with both signatures needed to be used but since the leasor didn’t sign renewal, it automatically went month-to-month at the expiration of that lease. They are now trying to make me pay an additional $150 per month for back rent stating that is the extra charge for a month-to-month lease. I was never notified i was now month-to-month, nor that I wasn’t paying enough. Can they legally make me pay all that extra back rent?

Asked on October 24, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you have been placed on written notice of a rental increase with respect to the month-to-month lease that you are writing about or signed an agreement stating that you were aware of a rental increase, under the laws of all states in this country a landlord cannot retroactively charge a tenant a rent increase absent such written notice of such.

I suggest that you mat want to consult with a representative of your local housing authority or a landlord tenant attorney about what your landlord is trying to do to you by charging you a back rent increase when you were never placed on notice of such.


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