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Old 03-26-2015, 12:45 PM
 
3 posts, read 2,857 times
Reputation: 10

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Queens, NY
New York City

My uncle is having a problem with both tenants that are renting his house about an increase in rent when the lease ends in May 2015. It is a private 2 family house so rent control and rent stabilization laws shouldn't apply (correct me if I'm wrong).

Current rent:
Tenant 1: $1,750 (first floor and basement)
Tenant 2: $1,450 (second floor)

New rent:
Tenant 1: $1,900 (first floor and basement)
Tenant 2: $1,600 (second floor)

Both complained about the increase is too much. My uncle's reason is that electricity (tenant pays and shouldn't matter), gas, and water prices are increasing so that it is pretty reasonable to raise. Tenant 1 said that it isn't their problem since the landlord is supposed to cover all those. She threatened (or said) that if my uncle is to tell her to move with her two kids, she'll be hire 2 bigshot lawyers and go to court and will result in my uncle in losing in approximately 6 months rent if she wins the trial. I thought that the landlord is allowed to tell the tenant to move out after the lease is over. Is she allowed to bring him to court for such a reason?
It is the same reason for Tenant 2. He is saying that the increase a burden to him since he has a sick wife (I don't know if this is true), tuition for his sons, rent, etc. Can my uncle just ask him to move after the lease expires? Are there laws protecting them from moving?


Another question:
Who is responsible for sanitation tickets? Isn't the tenant supposed to do the sweeping, shoveling snow, etc?
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Old 03-26-2015, 01:00 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,690,877 times
Reputation: 26727
Your uncle should read NYC landlord tenant laws which you'll find linked in the first "sticky" on this forum. A lot depends on what the lease says too but the bottom line is that as long as the proper notice is given, the tenants have the right to accept the new terms and enter into a new lease or leave when the lease expires. If they don't leave then they can be evicted.

As far as sweeping and shoveling snow, if the lease demands that the tenants take care of it and they fail to do it and are ticketed then, yes, they're responsible for paying the tickets.
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Old 03-26-2015, 01:16 PM
 
Location: The Triad
34,088 posts, read 82,953,336 times
Reputation: 43661
Quote:
Originally Posted by Plural View Post
Who is responsible for sanitation tickets?
Isn't the tenant supposed to do the sweeping, shoveling snow, etc?
Usually.... only on single occupancy properties.
When more than one family/group shares these responsibilities usually fall on the LL.

Quote:
My uncle is having a problem... about an increase in rent
Both complained about the increase is too much.
My uncle's reason is (immaterial)
How do the rent amounts compare to comparable properties?
That is what should set the rent rates and regardless of specific costs.

Quote:
Can my uncle just ask him to move after the lease expires?
Are there laws protecting them from moving?
How is the lease written? What provisions does it have for the usually default expectation
of the continuation of tenancy (even if that might have an occasional increase)?

MOST owners want tenants to stay put and absent problems (like not paying rent) will be
happy to have a tenant remain for a very long time and NOT raise rent beyond a modest
percentage and usually not every year.

1750 + 150 = 8.5% (That's high)
1450 + 150 = 10.3% (even higher)

Quote:
...lawyers and go to court ...losing in approximately 6 months rent
No doubt. Even if an increase is objectively justifiable actually enforcing such a change
can go wonky fast and create expensive problems before it all gets settled.
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Old 03-26-2015, 03:47 PM
 
Location: Riverside Ca
22,146 posts, read 33,524,353 times
Reputation: 35437
Rent controlled means he can only raise rent x amount over x time. If it's a apartment/duplex type of rental it may fall under a different category than a SFR and different laws may apply. I would go and read up on NY tenancy laws and then do what you legally are allowed to do. You can raise the rent but only do much in rent controlled situations
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