PurpleDiCaprio t1_j9di4pu wrote on February 21, 2023 at 3:02 AM

The lease specifically says that when/if you go month to month, it will be $200 added to the rent indicated in section 1.3.

I agree with you. You did not agree to lease renewal so your original lease stands.

newgoof29 t1_j9flyu9 wrote on February 21, 2023 at 3:59 PM

That’s not what the lease states. It states an automatic renewal into a month to month agreement. This does not require additional approval of either party to be valid since it was agreed upon by both parties when signing the fixed term lease agreement it is contained in.

The rent amount they are contesting is not within the original lease, the fixed term. It’s in the renewed month to month agreement. Which the terms can be can change each month, as long as the landlord provides proper notice. Which they did (December for March).

I’m a WA landlord.

PurpleDiCaprio t1_j9hf34f wrote on February 22, 2023 at 12:10 AM

I see what you mean. Wouldn’t you say they need to be specific though? They stated the rent increase was for 12 month renewal. Not month to month.

newgoof29 t1_j9hp3vc wrote on February 22, 2023 at 1:22 AM

Great question. Without seeing the exact wording it’s impossible to know.

My guess is that they use the term “base rent” or something like that. They could argue that regardless if the renewal is the automatic to month to month or if there was a renewal of a fixed lease the notice meets the base rent 60 days notice criteria regardless.

The challenge here is that OP would most likely have to take them to court to contest without a strong sense of if they would win or not, which risks even more in legal / lawyer fees if they loose.

Grey star is a massive company with lots of properties in WA. The chances of them not wording things in a way that doesn’t benefit them is unlikely.

Mediocre_Yellow4035 OP t1_j9dlsb8 wrote on February 21, 2023 at 3:32 AM

Right? That’s what I think! The original lease should be more applicable than the potential new lease I never signed.

newgoof29 t1_j9ff3b8 wrote on February 21, 2023 at 3:12 PM

WA landlord here. A coupe separate topics possibly happening at once:

It is legal and common for fixed time leases to automatically convert to month to month agreements at the end of the fixed lease if neither party ends the agreement. This is actually in a way to protect tenants from finding themselves out of a lease at the end. You don’t have to sign a new month to month lease agreement for it to be valid since you signed the fixed term agreement which contains the clause. And often the month to month is more expensive then the fixed lease, this is also normal and legal since it’s spelled out in your fixed lease agreement.

Raising the base rent. Since you automatically convert to the month to month at the end of your lease, the landlord can raise your month to month rent at the start of any month as long as they give 60 days notice if it’s in the city of Tacoma boundary. If it’s not in city of Tacoma proper it’s 30 days. If they gave you notice 60 days before the rent went up and it’s after the fixed term lease ended, that’s all that’s required to make it legal.

You don’t have to agree with the rent change for it to be legal - but your only two options in a month to month where proper notice has been given is: accept it by not canceling the month to month in writing. Or reject it by canceling the month to month in writing and move out before the end of the next month basically. Up to you!

The notice you received said that it was the new base rent for any lease renewals. The month to month clause is considered an automatic renewal. Therefore, the rent increase does apply. And they gave you 60 days notice. It is valid.

az226 t1_j9efuyi wrote on February 21, 2023 at 9:07 AM

Your initial agreement could be extended in a month to month fashion. At the original rent plus $200. Should your landlord want to increase the month to month rent, they need to give 60 days notice. The new rent for renewal notice doesn’t matter because that’s a separate issue.

newgoof29 t1_j9fl84h wrote on February 21, 2023 at 3:54 PM

That’s not correct. First, you said “could be” but in reality is IS automatically renewed unless either party cancels in writing at least 20 days (tenant) or 60 days (landlord).

The notice was for price increases for future renewals. The automatic conversion of the fixed lease to a month to month lease is considered an “automatic renewal” - as stated in the clause shown by OP. The notice of rent increase would apply to the month to month automatic renewal.

It is valid. I’m not saying it’s not shitty, but according to RCW and CoT law it is.