I'm in a non-regulated (market) apartment. My original lease expired over a year ago and I've just been paying month to month. I have concerns about a section of my lease covering "Hold-Over Renewal". Full details below.
My lease expired over a year ago. I am on good terms with my landlord and attempted to negotiate a rent increase, but we were pretty far apart (I wanted 5% they wanted 20%, etc). I tried to continue negotiations but haven't heard back. My landlord has various buildings/properties and can be quite busy. I have been paying my original rent every month, the checks have been deposited, and I have received no notifications from my landlord in any form, call/text/email/letter.
My concern is around this clause in my original lease:
The failure of the TENANT to notify LANDLORD in writing (in
manner herein provided of intention to vacate and terminate
this LEASE) prior to two months of the termination date or
extended expiration date hereof, then in that event if
TENANT retains possession of any part of the PREMISES
after the Term, TENANT shall become a month-to-month
tenant for the entire PREMISES upon all of the terms of this
Lease as might be applicable to such month-to-month
tenancy, except the now provided MONTHLY RENT thereof
shall be increased by the dollar amount stated above as
“HOLD-OVER RENEWAL MONTHLY RENT INCREASE” for
each full or partial month Tenant remains in possession, as
liquidated damages for TENANT’s holdover.
If TENANT notifies LANDLORD of intention to vacate and/or
surrender LEASED PREMISES, or not to renew LEASE, and
TENANT fails to vacate or surrender possession at said
effective date set out therein, LANDLORD may at its option
treat such as a renewal of this LEASE for like period (as if no
notice given) and TENANT shall pay expense or damages
suffered by LANDLORD by virtue of said notice, relying upon,
or based upon said notice, and TENANT agrees to defend
and hold LANDLORD harmless therefore. Rent shall be
doubled for each day TENANT holds over after effective date
of notice to terminate.
Notwithstanding anything to the contrary appearing above,
LANDLORD may by letter to TENANT notify him that the
LEASE will not be renewed, by at least two months’ notice
prior to any expiration date.
The "HOLD-OVER RENEWAL MONTHLY RENT INCREASE" is stated as $150.
My fear is that I'll continue month to month and one day the landlord will surprise me with a bill for all of the back months based on the monthly rent increase.
My hope is that the landlord is required to notify me of these increases, which they have not.
My general assumption is that the landlord is just busy with higher priority issues and doesn't want to deal with me, but I don't want to leave myself exposed based on an assumption.
Does anyone have insight into this or can anyone recommend an appropriate person/group/lawyer to speak to about this?
Thanks!