Location: Pennsylvania
I moved into my current apartment in March 2021. I was just reviewing my lease because I’m looking to move soon and wanted to check on amount of notice I need to give.
I noticed a clause that states: “When the initial one year term is ended, the monthly rental amount will automatically increase by 3.5% and will continue to so each year on the anniversary date of the lease, unless changed at the sole discretion of the landlord as stated in paragraph 31(c)”
Then paragraph 31(c) states: “Landlord reserves right to increase the monthly rental on the demised premises by giving tenant thirty (30) days written notice prior to the expiration of the then current term.”
I’ve been here over three years since rent increases should have started. I have always paid $1200/month. I never refer to my lease so I never thought about it and my landlord never mentioned it–and we had spoken plenty of times about other matters. They always accepted/cashed my checks for $1200.
Do I owe back rent on these increases that I never paid? Or can I interpret them as never giving me written notice and accepting my $1200 payments as part of the “unless changed at the sole discretion of the landlord as stated in paragraph 31(c)”?
My building is under new management now as of a few months ago and they have accepted multiple rent payments.
Comments
Most form leases have clauses to avoid waiving the landlord’s rights in situations like this just from failing to demand payment or accepting partial payment. The statute of limitations for debts on written contracts is four years, so that extra rent that’s accrued so far wouldn’t be time-barred yet either.
Since you’re trying to move, the simplest thing is to say nothing, yet don’t be too surprised if they do demand payment after all.