Ifa tenant must give a 60-day notice of non-renewal of their lease, does the landlord have to give a 60-day notice as to a rent increase?

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Ifa tenant must give a 60-day notice of non-renewal of their lease, does the landlord have to give a 60-day notice as to a rent increase?

I am in the last month of a 1-year lease. The current lease required that we give 60 days notice prior to the expiration of the lease if we intended to vacate. We just received our lease renewal agreement on 7/12 notifying us of a rent increase of 15%. If we don’t sign and return, a hand-written note on the new lease says we will automatically revert to a month-to-month lease that would increase rent 45%. Is this legal? Wouldn’t our landlord have the same 60-day notice obligation as us, include notice of an increase?

Asked on July 14, 2011 under Real Estate Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The duties of the landlord and the tenats for your apartment and questions would be determined by the express terms of the written lease that was signed eleven months ago. 

Does the written lease mention the lease after one year becoming a month to month with a set monthly rental? If the written lease does not state this, then it appears that the landlord can elect to have you remain as a tenant on a month to month basis and set the monthly rate. 

If you do not accept the terms presented, you can negotiate for a different amount and if unsuccessful, you decide if you want to remain or move out.


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