Can a commercial landlord demand back payment for a rent increase + Holdover rent in Washington State without prior notice?

Bankruptcy and Debt 3 views 2 answers
We have an office space in Seattle. Our lease agreement expired 12/31/2014 and we never renegotiated or signed a new lease. From 1/1/15 to 4/1/15, we had been invoiced by our landlord for the same rental amount as in the original lease which we paid on-time each month (note: the landlord never raised our rent or notified us that he planned to). Our landlord is now claiming that we are required to pay a 125% rent increase (HOLDOVER) for the last 4 months of rent since the lease expiration of 12/31/14. Is the landlord allowed to demand back pay for a 3% rent increase that was never invoiced + require 4 months of Holdover rent that was never invoiced as well?

Attorney Answers

2
Shawn Alexander ·
Rent increases require a 30 day prior notice. However if your old lease had a holdover rate that may apply. You need to have a lawyer look the documents over before getting into a big fight so you know where you stand.
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Thuongtri Nguyen ·
The commercial rental agreements often have an automatic increase in rent if the tenant holdovers. If you stay after your lease expired without making arrangements with your landlord, you hold over. Your rental agreement is your notice. That the landlord did not tell you right away about the rent increase is probably not detrimental to the landlord. You, presumably, can read the lease as well as the landlord. Your lease likely also provides that you are to pay the rent, whatever it may be, without the landlord having to tell you how much to pay. That is, you are supposed to pay 125% of the old rent without the landlord having to send you any invoice. Unless the 3% increase is also in your lease, you are not required to pay a rent increase until you have been given notice. No one here has seen your lease. You apparently do not know what is in your lease either. So, what you likely should do is review the lease and other facts with your attorney to see what your legal options are. The holdover clause, with its huge rent increase, is often used to move along tenants the landlord no longer wants. If you are in good terms with the landlord, you likely can convince the landlord to just accept the 3% increase (which likely is much better than the 25% increase).
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