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Rent increase

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Rent increase

Postby Michael » Mon Mar 17, 2003 11:27 am

I have been living in my apartment for four years and my rent has increased by $50 each year. Recently, my lease ended and my landlord wants to increase my rent by $150 - $250 dollars per month he is blaming his increase on higher energy prices...Go figure!

I wanted to know if I don't agree to his demands on this rent increase does he have the option to kick me out and what can I do to counter this increase...

Would I have thirty days to move out, or can I buy time until I find a new place or will I have to take him to court with no lease am I at his mercy.

please advise.
Michael
 
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Location: nyc

Re: Rent increase

Postby ChrisG » Mon Mar 17, 2003 11:56 am

when does your current lease expire? you'll be okay til then. after that, if you have not come to any agreement with the LL, you'll have to move out. but if you don't move out, you can't be thrown out, not without lengthy eviction court proceedings. during this time you could find another place. but if you've lived there for 4 years, try telling the LL to take it into consideration. if you've been a good tenant, it's in his interests to keep you around, and not take advantage of you. if his rent increase is too high, he'll lose your solid tenancy, and have to go through the trouble of renting to a new person, who may or may not turn out to be a good renter.
ChrisG
 
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Re: Rent increase

Postby Michael » Mon Mar 17, 2003 12:00 pm

my lease ended about a year ago and he never mentioned a renewal or anything. We have never had a problem because I travel a lot, but I found his rent increase to be very harsh without notice. He told me the increase will take effect at the end of the month and I was told this around the 8th of this month about the increase, is this legal?
Michael
 
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Joined: Mon Mar 17, 2003 2:01 am
Location: nyc

Re: Rent increase

Postby jot0n0 » Mon Mar 17, 2003 12:58 pm

If your leased ended a year ago and no new lease was signed, you are considered a month-to-month tenant. A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's notice before the expiration of the term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law ß 232-b). In New York City, the landlord must serve the tenant with a written termination giving 30 days notice before the expiration of the term. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. (Real Property Law ß 232-a).

Another thing you might want to considered is the negative mark on your record if you are suited in court for eviction. Like credit reports, LLs are using court records to see if you been involved in housing courts and can make it more difficult to rent in the future.
jot0n0
 
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Re: Rent increase

Postby Chimera » Mon Mar 17, 2003 3:25 pm

I would certainly avoid dragging this into court. John is right, a court case goes on your record and many landlords see this and will not rent to you. Since you've had a long relationship with your landlord, try to get along with him and ask him if you can stay for a few more months. At the very least, you could agree to pay the increased rent for a few months until you find a new apartment. Who knows, after your apartment search you might even decide to stay. The last apartment I lived in raised the rent $100-150/month every single year. Your landlord probably wasn't lying about his reason to increase, either. Heating prices have doubled in the last 4 years, it could very well cost your landlord $300.00 to heat your apartment every month, and his electricity costs have gone up considerably as well (just take a look at your Con-Ed bill.) It might be worth your while to negotiate this, because you could very well end up in an apartment where a rent increase is the very least of your worries.
Chimera
 
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