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Rent increase - is it valid?

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Rent increase - is it valid?

Postby gooturken » Fri Sep 13, 2002 9:00 am

I got a lease with a rent increase with no notice. I paid my regular rent that month, and the following month. I have not signed the lease. By accepting my original rent the second month, did the LL negate the lease and/or the rent increase? Does he have to give me the rent increase again in order for it to take effect, or is it just valid from this point on? I have read "Sec. 232-c. Holding over by a tenant after expiration of a term longer than one month; effect of acceptance of rent." but I'm not clear on how much I should be paying now. Thanks for your help!!!

PS It's a BIG increase, so this is important!!
gooturken
 
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Re: Rent increase - is it valid?

Postby ChrisG » Fri Sep 13, 2002 10:27 am

if you are month-to-month, the LL needs to give you at least 30 days' notice for a rent increase. if you aren't stabilized or controlled then the LL can raise the rent to whatever he thinks he can soak you for. so even if he accepted your previous rent, the bottom line is a month-to-month tenancy could theoretically increase in rent every single month as long as the LL give 30 days' notice of the increase. what i'm getting at is, even tho he accepted the old rent, you have now known about the rent increase for over 30 days, so he could argue the inflated rent at this point. but he needs to give you written notice.
ChrisG
 
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Location: Brooklyn


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