Landlord "forgot" rent increase and wants back pay : ezLandlordForms

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Landlord "forgot" rent increase and wants back pay

Kim J

started a topic about 7 years ago

Can a lease specify a rent increase in the middle of the lease? I signed a 30 month lease and in the message portion it stated there would be a rent increase of 5% after 15 months - the landlord contacted me in month 25 and said they forgot about the increase and is asking for $1000.00 back pay for the increase.

1 Comment

Jacqueline O

said almost 7 years ago

If it is in the lease and you signed the lease, then you essentially agreed to the increase. If it is not in the lease or in landlord-tenant law that the landlord is required to remind you prior to the increase taking effect, then you - as a responsible adult - should have automatically paid the increase when it became effective. However, as a landlord myself, I would have sent you a reminder. People are busy, people forget (even landlords!) - forgetting: sometimes intentionally, sometimes accidentally. People sign things they do not really read. In this case, it appears you either chose to ignore that part of the lease or you also forgot about it, as the landlord allegedly did. In this case, it can be assumed that you certainly benefitted financially for a time in not paying the increase. And now, here you are. I'd say that as long as your lease is legally sound and your landlord has followed the landlord-tenant law, then you owe the back rent. It should be noted, though, that in certain cities, certain clauses in leases must be in "addendums" and certain other clauses must be in "non-standard lease provisions." Whether or not your "5% increase after 15 months" is required to be in the "addendum" section or the "non-standard lease provision" section is really a legal technicality which you will either need to read Illinois Landlord-Tenant Law yourself, or talk with a real estate attorney, to determine if it can be legally enforced in your state.