What is the name of your state (only U.S. law)? NJ
I think I have a loser here, but thought I'd canvass this board for any reasonable opinions.
I'm in my third year in an apartment. Each year the lease has had a clause the limits the landlord's ability to make changes to the lease (such as rent increases, etc.) unless notice is provided. As far as I know, this is not a legally imposed requirement but is a nice courtesy as it gives us time to respond to changes. Either move or accept the changes.
In the most recent renewal cycle, the notice came well within the time period. By the time we received the notice it would've been difficult to move. In some sense, we mitigated our damages by staying instead of leaving, as the cost of moving would have been higher than bearing the increased expense.
Do I have chance of recovering?
I think likely no.
1. Our signing of the new contract in the face of the clause represents waiver of the clause. 2. We should have objected at the time. Not wanting the confrontation is not a good reason not have objected. 3. Under NJ, we would have been protected from eviction, if we had decided to object, so we shouldn't be rewarded for sitting on this.
On the other hand:
1. The breach is clear and the landlord shouldn't be enriched by the breach. 2. The landlord's position isn't materially harmed but our delay in objecting (unless they had grounds for evicting us that they left unexercised). 3. Landlords are scum and they need to be smacked down whenever possible.
Thoughts?
I think I have a loser here, but thought I'd canvass this board for any reasonable opinions.
I'm in my third year in an apartment. Each year the lease has had a clause the limits the landlord's ability to make changes to the lease (such as rent increases, etc.) unless notice is provided. As far as I know, this is not a legally imposed requirement but is a nice courtesy as it gives us time to respond to changes. Either move or accept the changes.
In the most recent renewal cycle, the notice came well within the time period. By the time we received the notice it would've been difficult to move. In some sense, we mitigated our damages by staying instead of leaving, as the cost of moving would have been higher than bearing the increased expense.
Do I have chance of recovering?
I think likely no.
1. Our signing of the new contract in the face of the clause represents waiver of the clause. 2. We should have objected at the time. Not wanting the confrontation is not a good reason not have objected. 3. Under NJ, we would have been protected from eviction, if we had decided to object, so we shouldn't be rewarded for sitting on this.
On the other hand:
1. The breach is clear and the landlord shouldn't be enriched by the breach. 2. The landlord's position isn't materially harmed but our delay in objecting (unless they had grounds for evicting us that they left unexercised). 3. Landlords are scum and they need to be smacked down whenever possible.
Thoughts?