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no lease, rent paid in cash without receipt, major rent hike

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no lease, rent paid in cash without receipt, major rent hike

Postby matador » Fri Sep 23, 2011 2:01 pm

I've lived in the same apartment for 6 years without a lease. The rent began at $1200/month, was raised to $1550/month, and now the landlord is selling the building and offering a lease at $2200/month.

The landlord has always required the rent in cash without receipt (he's been quite straightforward that he does this to avoid taxes).

My understanding is that he can set the rent at whatever he'd like since it's a small building (it's a four-apartment brownstone, please correct me if I'm wrong), but I have two questions:

Will a lease need to be honored by the new landlord?

Is there any recourse or opportunity from his requiring the rent be paid in cash without a lease or receipt?

Thanks for any help.
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Postby TenantNet » Fri Sep 23, 2011 2:20 pm

It appears you're month-to-month with no lease protection. Since you have no lease a new LL can give you 30 days' notice to leave.

Even if paid in case, the LL is required to give a receipt if the tenant asked.

There is no legal requirement to pay in cash only. By going along with that, you open yourself up to a non-payment suit.
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Postby matador » Fri Sep 23, 2011 2:29 pm

I thought so -- he is selling the building and offering a five-year lease before the sale. Will the new landlord be required to honor that lease?
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Postby matador » Fri Sep 23, 2011 2:32 pm

He also informed us of the first rent hike while sharpening a hunting knife at the table -- probably not a tenant law violation, but nuts.
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Postby ronin » Fri Sep 30, 2011 12:30 am

Sharpening a knife while telling of a rent increase. Is this guy named Sweeney Todd by any chance? You might want to move in any event.

A five year lease is probably the worse thing your LL could do if he is trying to sell the building. The more common arrangement is to try and clear out all long term tenants or have it empty.

Im not sure of the answer in this case, but I think the new LL usually has to honor the old LL's lease even absent rent regs.
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