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rent increase after a renewal

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rent increase after a renewal

Postby pickster » Thu May 26, 2005 8:21 pm

I live in an apartment complex in upstate ny. My year lease ends May 31. The first week of May, I had not heard from the office about a renewal so I called them reminding them I needed to renew. The property manager is on "an extended leave" so I was contacted by someone filling in. I signed the renewal (one year) which states that my rent is the same amount. I asked that I be given a copy when the property manager signs it. The "fill in" employee came to my door minutes later and said that she was told she could sign it and gave me my copy.

Today I received a statement/bill stuck in my door that itemizes my rent payments since January and highlighted is June's payment that is a rent increase.

I received no notice that rent would increase. I have already signed a renewal under the same terms as the old lease. Can they raise my rent?
pickster
 
Posts: 2
Joined: Thu May 26, 2005 1:01 am
Location: Upstate NY

Re: rent increase after a renewal

Postby BronxRenter » Thu May 26, 2005 10:45 pm

If you have a signed lease, it states the rent you should pay. That's what you should pay and nothing else.

All of your correspondance with LL should be via certified mail, keep copies of everything.

It sounds like the fill in forgot to raise your rent and the real manager is trying to get it anyway, this is illegal and unethical.

Keep in mind that if your apartment is not rent stabilized, then the LL is no obligation to renew your lease, unless the lease itself has some kind of renewal clause. So they could ask to lease at the end of it.

You can now take the time to lobby your town or village officials for the ETPA or Emergency Tenants Protection Act, which if adopted locally could bring your apartment under the umbrella of RS.
BronxRenter
 
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Re: rent increase after a renewal

Postby Downtown » Fri May 27, 2005 10:43 am

Someone in the office screwed up. If you have a signed copy then your rent is as stated.
You could send a certified letter with copy of rent statement, stating there is an error in billing as the lease you signed is at$______.
LL probably doesn't know the error...1. Could ask you to sign another lease (under no obligation to) 2. Could yell at his employees and eat the loss.
Better to find out now and clear up the error. You had no reason to believe that any of lease was in error. Do keep in mind if no automatic renewal clause (in lease) LL could refuse renewal (next time) or make up in rent increase.
Downtown
 
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Re: rent increase after a renewal

Postby pickster » Sat May 28, 2005 10:07 am

Problem solved. Because of your replies, I went to the office armed with the confidence that they could not raise my rent after I had already renewed. The temp admitted that the management company in NYC had sent the rent increases without knowing who was still on a lease. Apparently in the property manager's absence, various leases had expired. Fortunately, I had initiated the process to renew my lease. If I had waited a few weeks, I too would have been caught in a rent increase. However, since the fill-in manager had signed and dated my renewal already, there was nothing they could do (at least until next year).

Thank you for your quick replies!
pickster
 
Posts: 2
Joined: Thu May 26, 2005 1:01 am
Location: Upstate NY


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