Posted by MikeW on December 11, 2001 at 17:02:33:
In Reply to: Timing of (huge) rent increase - help! posted by trixie on December 10, 2001 at 14:44:31:
ANSWERS IN CAPS
: - Am I entitled to a 30 day notice of rent increase? When would this rent increase be in effect if I am notified in December? Is there a notice period for receiving a lease and switching my tenancy from month-to-month to an annual lease?
YES, THEY HAVE TO GIVE YOU AT LEASE ONE FULL RENT PERIOD NOTICE. IF YOUR RENT IS DUE THE FIRST OF THE MONTH TO COVER THAT MONTH, THEY MUST GIVE YOU NOTICE ON OR BEFORE THAT DATE AS TO WHAT WILL BE EFFECTIVE FOR THE FOLLOWING MONTH.
: - What if I don?t agree to the terms of the lease? Is there opportunity for negotiation, and if so, what rent do I pay in the interim?
THEY ONLY HAVE TO NEGOTIATE IF THEY FEEL IT'S IN THEIR BEST INTEREST TO DO SO. THEY CAN SAY TAKE IT OF LEAVE IT. I'M NOT SURE OF THE TIMING ISSUES, BUT IF YOU SAY YOUR LEAVING IT, YOU'RE ESSENTIALLY AGREEING TO GIVE UP TENANCY. I'M NOT SURE WHETHER THAT MEANS YOU HAVE TO LEAVE WHEN THE NEW RENT WOULD TAKE EFFECT, OR IF THEY NEED TO GIVE YOU ANOTHER 30 DAYS NOTICE THAT YOU HAVE TO LEAVE (BECAUSE YOU WON'T PAY THE HIGHER RENT).
: - If they slip the lease under the door at the end of December, but I?m away until early January, when is the lease served to me? (when they put it under the door, or when I?ve actually received it in hand?)
IN THIS CASE, I DON'T THINK IT MATTERS WHEN YOU'RE 'SERVED' (THAT TERM ISN'T REALLY APPLICABLE HERE). IF YOUR GOING TO SIGN IT, YOU PROBABLY WANT TO DO SO ASAP, IF NOT STRING IT OUT.
: - Can we delay the rent increase/eviction so we can stay here until we get new jobs and a new apartment? If so, what is the best approach?
TRY TO DELAY THE DATE THAT THEY GIVE YOU NOTICE. IF THEY GIVE YOU NOTICE, AND YOU'RE NOT READY TO LEAVE, DON'T. THEY WILL THEN FILE FOR AN EVICTION. THIS CAN TAKE A COUPLE MONTHS TO COMPLETE, AND YOU CAN STAY TILL THE SHERIFF COMES AND THROWS YOU OUT. HOWEVER, THERE IS A DOWNSIDE TO THIS. THE COURT ACTION IS A PUBLIC RECORD. THERE ARE SERVICES THAT GATHER UP THESE RECORDS INTO DATABASES THAT LLs CAN SEARCH. IF A PROSPECTIVE LL SEES THIS, IT COULD VERY WELL COST YO AN APARTMENT.
: - What obligations does the landlord have to month to month tenants (such as painting the apartment every 3 years, having a smoke detector in the unit, etc. ? none of which has been done)?
SOME THINGS ARE REQUIRED BY BUILDING CODE (THE SMOKE DETECTORS PROBABLY FALL UNDER THIS CATEGORY), AND MUST BE DONE REGARDLESS OF WHETHER THE APARTMENT IS REGULATED OR NOT. OTHER ITEMS ARE IN THE RENT REGULATIONS THEMSELVES, AND WOULD NOT APPLY TO YOU. I THINK PAINTING FALLS INTO THIS CATEGORY.
: - Was this a legal rental, given that the co-op bylaws state that you can?t sublet for more than 3 years, and I?ve been there for over 4?
THAT DEPENDS ON ALOT OF THINGS (MAINLY WHETHER THAT RULE IS IN THE BYLAWS OR WAS JUST A HOUSE RULE). IN ANY CASE, I DON'T THINK YOU CAN USE IT TO HELP YOUR SITUATION.
: Thanks for your help. I want to be armed with as much information as possible. I appreciate all the information you can offer!
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