If a landlord changes the rent before the end of the lease without a new contract, does that negate the signed lease?

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If a landlord changes the rent before the end of the lease without a new contract, does that negate the signed lease?

Our landlord changed our rent before the end of our lease. We were told the rent would be evaluated in a few months to determine permanent rent. We were never given a new lease to sign indicating the new rent amount. We are now trying to move out after giving 30 days notice and are being told we are in violation of lease, even though we do not have a current lease.

Asked on November 21, 2011 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you signed a written lease agreement for a set term at so much per month and the term is not up, then the agreement that you signed (and presumably the landlord) controls the obligations you owe to the landlord and vice versa in the absence of conflicting state law.

If the landlord changed the monthly amount of the lease that you are currently living under, you can consider his conduct a material breach of your written lease agreement warranting its termination. Before you actually move out, it might be prudent for you to consult with a landlord tenant attorney about your situation.


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