TenantNet Forum

Where tenants can seek help and help others



rent payment in un-regulated non-c.o. bldg; no signed lease

Issues unrelated to specific categories below

Moderator: TenantNet

rent payment in un-regulated non-c.o. bldg; no signed lease

Postby ebesan » Wed May 22, 2013 11:56 am

After agreeing to pay $X amount/mo., my landlord added a extra monthly charge to the new lease.
I protested; I have not signed the lease; continued paying the (verbally) agreed $X amount by check; they have been cashed.
Question?
1. does cashing/accepting my checks bind them to that amount?
2. does a check provide adequate proof of my payment?
ebesan
 
Posts: 8
Joined: Thu May 22, 2008 7:24 pm

Postby TenantNet » Wed May 22, 2013 12:42 pm

If the lease was offered (by the LL), but not accepted (by the tenant), and if you are living there and the LL is accepting rent, then you are a month-to-month tenant. That means the LL can change/increase your rent, but he needs to give you 30 days' notice (and it should be in writing).

For example, if he gave you notice today (5/22/13), the new rent would not be in effect until the first rent payment date after 6/22/13. For most people that would be July 1st.

A canceled check is acceptable as proof of payment. Try to get the physical canceled check, or a copy of both sides. Absent that, a bank statement should show that the check was cashed. Contact your bank to see what else they might have to show a canceled check.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10324
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City


Return to NYC General Discussion

Who is online

Users browsing this forum: No registered users and 88 guests