Bait and Switch Lease Renewal?

[verda13]

Hello all,

In February I signed a 6 month lease on a house assuming my house being built would be ready in time (stupid assumption).

As it turns out my house won't be ready for another 6 months. The property management company leasing me my current rental sent me a lease renewal form and to my surprise, they will only accept a 12 month fixed-term lease. Are landlords allowed to go from 6 month fixed term to 12 month?

Thanks in advance!

[Barbecue]

yes

[Rathji]

Assuming the current lease is up, then I can't see a reason why they wouldn't be able to move to 12 months on the next lease.

[Canehdianman]

How could that possibly be bait and switch? Your term is up.

[onetwo_threefour]

Not a bait and switch unless you negotiated the length of the renewal term before signing the original lease and then they reneged.

[takinghits]

Doesn't the orginal contract indicate what happens when the lease is over?

I would assume you can continue month-to-month? :confused:

As long as you pay the rent on time very difficuly for current landlord to kick you out.

[Bring_Back_Shantz]

Of course they aren't.
You signed a contract for a fixed period of time, and now that that period of time is up, they are, of course, obligated to keep everything the same to your satisfaction.
In fact, I'm pretty sure they are required to lower your rent, and supply you with strippers and blow, or a puppy.
Personally, I'd go with the first option, but that's mostly just because I don't have time for a dog right now.

[verda13]

Thanks for all the replies,

I (now) understand that they are probably allowed to change the length of the fixed term lease, it just seems sketchy; I rented from them because of the 6 month term they were offering, (wrongfully) assuming it would be month-to-month after the initial lease expired (as, based on experience, I have come to expect) or at a maximum, another 6 month lease.

I am currently hunting down the original contract. Geez, these management companies bug me. I wish I knew the rep visited my old condo, pretending to be interested in renting it out before I signed the lease. (kind of creepy)

[ken0042]

I would agree that it is not nice of them to not have some flexibility with the renewal; especially seeing as in this case it would be better for them to allow you to renew for 6 months than it would be for you to leave.

[verda13]

Of course they aren't.
You signed a contract for a fixed period of time, and now that that period of time is up, they are, of course, obligated to keep everything the same to your satisfaction.
In fact, I'm pretty sure they are required to lower your rent, and supply you with strippers and blow, or a puppy.
Personally, I'd go with the first option, but that's mostly just because I don't have time for a dog right now.

The odd thing is they want me to sign the 12 month lease. I'd rather pay more for the 6 month, but legally they can't raise the rent for 365 days after original move in date. I wish I could tell them raise my rent 20%, give me a 6 month term and save everyone the headache.

[ken0042]

but legally they can't raise the rent for 365 days after original move in date.

Are you sure? I didn't think we had those laws in Alberta.

[TheyCallMeBruce]

Not sure I get why that's sketchy. Your term ended. They gave you a new term. You can choose to leave.

[Handsome B. Wonderful]

I wish I could tell them raise my rent 20%, give me a 6 month term and save everyone the headache.

Why not phone them and ask?

[East Coast Flame]

Are you sure? I didn't think we had those laws in Alberta.

Yes, that is correct. Only one raise a year.

[TheyCallMeBruce]

Here's what it says:

http://albertalandlordsassociation.ca/2014/01/01/landlords-alberta-rent-increase-2014/

2. How Much Notice Do I Need To Give To My Renters?

Landlords need to give your tenants written notice of the increase.

If it’s a weekly tenancy you need to give at least three months notice.

If it’s a monthly tenancy (like most of us have) it’s three months.

If it’s what is called a periodic tenancy you need to give ninety days notice.

Alberta Landlords And Increasing the Rent in 2014

You can raise the rent whatever you like as long as you give notice.

[ken0042]

I guess that explains why they want a full year. They may be aware of your situation and hope you move so they can charge more to the next guy.

They should be careful. I could see somebody who doesn't need the rental reference being temped to sign for the year, then just up and moving out mid-term. Sure, you'd lose your security deposit; but that would still likely be cheaper than moving.

[Bring_Back_Shantz]

Okay, now to actually be helpful.

It says they can't raise the rent, but I'm pretty sure that means they can't unilaterally do it.

I'm pretty sure if you are willing to negotiate a shorter lease for a higher rent, it would be just fine.
If it's worth it to you, I'd contact them and make them an offer.

[verda13]

I guess that explains why they want a full year. They may be aware of your situation and hope you move so they can charge more to the next guy.

They should be careful. I could see somebody who doesn't need the rental reference being temped to sign for the year, then just up and moving out mid-term. Sure, you'd lose your security deposit; but that would still likely be cheaper than moving.

They offered that to me, $200 + loss of security deposit, a little on the high side.

[GGG]

Check if your lease converted to a periodic tenancy after the lease expired. A lot do. If so you do not have to sign a new lease and they would have to give you at least a months notice before you had to vacate.

Alternatively look at the penalties for terminating the lease. What are you liable for? If it is just loss of security deposit or 1 months rent than I would just eat it and call it a day. If it is pay out the remainder of the term then it is a bigger issue.

[bizaro86]

I would agree that it is not nice of them to not have some flexibility with the renewal; especially seeing as in this case it would be better for them to allow you to renew for 6 months than it would be for you to leave.

I'm not sure that's true. I know I'd rather rent for a year in a hot summer market than be guaranteed to have a place come vacant in the middle of winter...

[squiggs96]

Thanks for all the replies,

I (now) understand that they are probably allowed to change the length of the fixed term lease, it just seems sketchy; I rented from them because of the 6 month term they were offering, (wrongfully) assuming it would be month-to-month after the initial lease expired (as, based on experience, I have come to expect) or at a maximum, another 6 month lease.

I am currently hunting down the original contract. Geez, these management companies bug me. I wish I knew the rep visited my old condo, pretending to be interested in renting it out before I signed the lease. (kind of creepy)

In BC there is a section under rental period. You have to check whether the lease becomes a month to month, or the tenant has to move out at the end of the signed lease. If the tenant must vacate the unit, both the landlord and the tenant must initial beside the clause.

Is there anything like this on your lease?

[ken0042]

They offered that to me, $200 + loss of security deposit, a little on the high side.

How much is your rent and/or security deposit? I'm just thinking the monetary cost of a self move is easily $500-1000 once you factor in truck, gas, pizza and beer, time off work. (Keep the value of your vacation days.)

Having just looked for a less than 1 year rental myself, they were extremely hard to come by. Anything I found that was short term was easily $1000-2000 per month more. Myself needing 9-10 months it was cheaper to sign up for a year knowing I was going to burn 2 months rent at the end.