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This is my first post here, and I hope you folks can help me.
Since 08/2004, I've lived in the attic apartment of a three-floor (attic included) house. From the beginning, my lease has been on a month-to-month basis, which has been fine by me. The landlord has increased my rent every February since then. I haven't particularly enjoyed the increases (what renter does?), but they *have* been legal, and I've managed to pay them.
Naturally, I was expecting the rent to increase in February 2008, which would be the last increase that I inteded to pay, since I'm planning on moving after the spring semester ends (by June or July at the latest). (No, my landlord does not know that I intend to move in a few months, but I'll give her proper notice when the time comes.)
Anyway, I got an e-mail from her today wherein she informs me that the rent will increase by 7%. I'm a little taken aback by the percentage, but it's doable for me for the few more months that I'll be here. The thing is, though, she wants this increase to go into effect in JANUARY 2008. Remember, now, the last increase went in to effect in FEBRUARY 2007. My understanding is that landlords are allowed to increase rent only *once* per calendar year. This is true, right? And if so, am I correct, in thinking that this increase can't legally go into effect until February 2008?
I tried looking for information online, but I can't find anything that specifically addresses how often a landlord may legally increase rent for month-to-month tenants.
You guys seem to be a knowledgable bunch, so I'm guessing that one of you out there will be able to answer my question. I'll pay money to consult with an attorney if I really, really need to; I'm just trying to avoid doing so if at all possible--working man, and all that.
Thank you very much!
P.S.--I know that it might seem petty for me to not want to pay her the increase one month early, but (a) it's about the principle of the thing, and (b) she hasn't been the best landlord (especially in the last year), so I really don't want to give her something that's not rightfully due to her.
Last edited by Shalom Bayit; 11-27-2007 at 12:23 PM..
Reason: Simple typo--hate when I do that!
I know nothing of rental laws but if you're right about "once per calendar year", then the increase is legal. Once per calendar year, not once every 12 months. A hike in December 2006 followed by another in Jan 2007 followed by another in December 2008 ... is 3 hikes in 3 separate calendar years. A calendar year is Jan-Dec.
Sorry--I didn't mean calendar year as in January-December; I meant "year" as in a 12-month period.
My bad for not making that clear to begin with. (Of course, I actually don't know what the law's wording is--whether it's "calendar" or "12 months". Can anyone out there help with this, too, please?)
Attic apartment??? Is it even a LEGAL apartment??
Do you have access to a fire escape???
many of those 'attic apts" in Bayonne, Jersey City et al are not legal
Attic apartment??? Is it even a LEGAL apartment??
Do you have access to a fire escape???
many of those 'attic apts" in Bayonne, Jersey City et al are not legal
That's a good question, njkate.
No, I don't have access to a fire escape--just the stairs leading from the back of the house at the ground level up to my apartment. (Those stairs also lead to a back door for the first (where the landlord lives) and second-floor units, but those units also have access at the front of the house.)
Having said that, I (obviously) have no idea how to determine if this apartment is legal or not. I mean, there's a legal PSE&G meter and hook-up for electricity, so nothing about electrical/phone service and heat struck me as out of the ordinary. Oh, and my lease is verbal, which I understand is legal, so that's not something that would tip me off, either.
If you have any tips, I might be interested in hearing them, although with my brutal school and work schedule, it's not likely that I'll the time or energy to get embroiled in any kind of fight and consequences thereof re the legality of the apartment, y'know?
I would venture to safely guess this is an illegal attic apartment
Just ticks me off people rent out apts like this with no concern for the safety of their tenants
I've done month-to-month in the past and basically because you're not under a lease for a certain amount of time, 6 months, 1 year, etc ... the landlord can do whatever. The way it works is say you signed a lease for 12 months agreeing to pay $800 - she's not supposed to be allowed to raise your rent during those 12 months. But since you're on a month-to-month at the end of the month, she can do whatever she wants to for the upcoming month.
At least that's how it works here in FL, I was renting from a managed complex though not a person so the rules are probably very different.
This is my first post here, and I hope you folks can help me.
Since 08/2004, I've lived in the attic apartment of a three-floor (attic included) house. From the beginning,
my lease has been on a month-to-month basis
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
there's your answer, what does month to month mean to you?
to me it means that your contract with the landlord lasts only 1 month and a time and can be renegotiated every month
I would venture to safely guess this is an illegal attic apartment
Just ticks me off people rent out apts like this with no concern for the safety of their tenants
The meter...are there 3 seperate meters?
Yeah, I hear ya. When I took this place, I wasn't comfortable with the lack of a fire escape, but I was in a hurry to move and working long, crazy hours, so I didn't have time to look at a lot of places. For the next move, though, I definitely intend on being prepared.
And yes, there are separate electric meters--one for each apartment.
Quote:
Originally Posted by natalayjones
I've done month-to-month in the past and basically because you're not under a lease for a certain amount of time, 6 months, 1 year, etc ... the landlord can do whatever. The way it works is say you signed a lease for 12 months agreeing to pay $800 - she's not supposed to be allowed to raise your rent during those 12 months. But since you're on a month-to-month at the end of the month, she can do whatever she wants to for the upcoming month.
Quote:
Originally Posted by apvbguy
there's your answer, what does month to month mean to you?
to me it means that your contract with the landlord lasts only 1 month and a time and can be renegotiated every month
Thanks, natalayjones and apvbguy--you guys make very good points.
I guess it's just that, in my experience as a month-to-month renter (in those cases, after the first year's lease had expired), rental increases have occurred at the same time every year (i.e., on the same month), so it never really occurred to me that a landlord could increase the rent on a willy-nilly basis, time-wise.
Mind you, of course, legal =/= ethical, but...oh, well.
So it's looking as if I'll just begin paying the increase in January, which is what she wants. I'm in a better position (financial/work/time) now than I was 3.5 years ago, so hopefully this time I'll be able to look around more and get myself a better deal/find a better landlord. Though I have my suspicions (underpinned, sadly, by previous experience), I do hope that that's not harder than finding a needle in a haystack.
Heh, maybe y'all'll be able to give me some tips on that in a few months.
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