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Last month's rent -- increase

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Last month's rent -- increase

Postby gmcsf » Mon Aug 28, 2017 10:16 am

We are in NYC and we had a lease, but are now month to month.

I paid last month's rent when we moved in. Rent has increased over the several years we've been here, and landlord didn't ask for additional last month's rent when rent was increased. Now I'll be leaving at end of Sep, and I know I don't need to pay that *increase*, because when you google it you find plenty of answers to that effect, e.g.:
"Unless you charge your tenant the difference in the last month’s rent at rent increase time, it’s unlikely you’ll be able to successfully collect it when the tenant moves out, according to the laws of most states."

My *question* is, does anyone have a citation for that rule (about increases as they apply to last month's rent), in NY state law? Specifically New York City if that matters.
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Re: Last month's rent -- increase

Postby TenantNet » Mon Aug 28, 2017 10:56 am

There are law re security deposit increases, but those are for RS tenants and not what is considered "last month." I'm not aware of any such law, but look carefully at your lease.

Practically speaking, it would be difficult for the LL to collect it, but he might try to take it out of your deposit. Some/many tenants allow the deposit to cover the last month (or in your case the next-to-last month's rent) in anticipation of the LL trying to invent fake damages. But tenants should understand they are responsible for real damages, but not for wear-and-tear like painting or floor refinishing.
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