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Posted by Dawn on January 18, 2001 at 11:31:07:

In Reply to: Re: Rent increase mid-lease?? posted by David Zarnitzky on January 14, 2001 at 21:01:50:

If the person in question has a rent stabilized apartment, the lease is in effect, with the current rent until it's up for renewal. The only way I can think of that this adjustment could be made during a lease is when there have been Major Capital Improvements done. (MCI). And even then, it's only up to 6% in any given year, not 7%. Is there anything in writing? Was the person notified by DCHR? Has the landlord given a reason as to why this 7% increase?

: I actually just looked at my friend's lease - and his apt is rent stabilized.

: There is a clause in the lease that says:

: If this Lease is for a Rent Stabilized apartment, the rent herein shall be adjusted up or down during the Lease term, including retroactively, to conform to the Rent Guildines.

: But that looks to me like it can be changed if the rent level is OFFICIALLY changed ...

: : Not a dumb question. These days, you don't know what they're going to try. I'm not a lawyer, but it is my understanding that rent cannot be increased mid-lease, even if it's not rent-regulated. The lease is still a binding contract. Your friend should look into whether the apartment is subject to rent stabilization, however.

:
: :
: : : This may seem like a dumb question, and the answer seems very obvious - but I thought I'd double check.

: : : A friend of mine is renting an apartment in Manhatten. Has been there since September.

: : : He has a lease.

: : : Nothing has changed (such as # of people living there, improvements to the building, etc..)

: : : I do not believe his apartment is rent controled or rent stabalized.

: : : His landlord came to him yesterday and told him that she is raising his rent 7% .. starting NOW ... in the middle of the lease.

: : : I am going to double check - but I do not believe there is any clause in the lease that says she can do so.

: : : Call me crazy - but there is NO way she can do this? Am I right?

: : : Thanks.

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Comments:
: If the person in question has a rent stabilized apartment, the lease is in effect, with the current rent until it's up for renewal.  The only way I can think of that this adjustment could be made during a lease is when there have been Major Capital Improvements done.  (MCI).  And even then, it's only up to 6% in any given year, not 7%.  Is there anything in writing? Was the person notified by DCHR?  Has the landlord given a reason as to why this 7% increase?   

: : I actually just looked at my friend's lease - and his apt is rent stabilized.

: : There is a clause in the lease that says:

: : If this Lease is for a Rent Stabilized apartment, the rent herein shall be adjusted up or down during the Lease term, including retroactively, to conform to the Rent Guildines.

: : But that looks to me like it can be changed if the rent level is OFFICIALLY changed ...


: : : Not a dumb question.  These days, you don't know what they're going to try.  I'm not a lawyer, but it is my understanding that rent cannot be increased mid-lease, even if it's not rent-regulated.  The lease is still a binding contract.  Your friend should look into whether the apartment is subject to rent stabilization, however.   

: : 
: : : 
: : : : This may seem like a dumb question, and the answer seems very obvious - but I thought I'd double check.

: : : : A friend of mine is renting an apartment in Manhatten. Has been there since September.

: : : : He has a lease.

: : : : Nothing has changed (such as # of people living there, improvements to the building, etc..)

: : : : I do not believe his apartment is rent controled or rent stabalized.

: : : : His landlord came to him yesterday and told him that she is raising his rent 7% .. starting NOW ... in the middle of the lease.

: : : : I am going to double check - but I do not believe there is any clause in the lease that says she can do so.

: : : : Call me crazy - but there is NO way she can do this? Am I right?

: : : : Thanks.


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