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Old 05-23-2014, 02:38 PM
 
2 posts, read 2,203 times
Reputation: 10

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Hi Guys,

So me and my roommates want to renew our lease in Park Slope starting July this year and sent an email to our landlord about it. We were on a 4 month lease and now want to start a year-long term that ends July next year.

She said she'll renew the lease at $3500 (we were paying $3,350), which is to be expected. But then she says, "The past 4 months will be adjusted to $3500. So an additional $1000. ($250. Per month) will be required. I am also going to update the rider."

This just seems shady to me. Besides the fuzzy math there ($3500 - $3350 is $150), can you make retroactive demands like that? This just seems very illegal.

ANY ADVICE OR INSIGHT YOU ALL CAN GIVE WOULD BE GREATLY APPRECIATED! THANKS!
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Old 05-23-2014, 02:45 PM
 
111 posts, read 238,705 times
Reputation: 22
If you signed a lease agreeing to pay 3350 for 4 months then no they can not charge you extra for those months. Even if they tried to all you had to do in a court of law is show your lease.


I have no experience with this topic but I assume I'm pretty on target here.
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Old 05-23-2014, 02:49 PM
 
Location: NYC
5,171 posts, read 4,624,037 times
Reputation: 7917
Legal or not, I guess she isn't afraid to lose at least a month's rent with making such an outrageous demand.
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Old 05-23-2014, 09:49 PM
 
Location: Brooklyn
518 posts, read 822,044 times
Reputation: 509
In unregulated apartments basically anything goes. They don't even have to give a written lease, a verbal agreement can do it for a year.
I don't believe that it is illegal but you would be crazy to pay the retroactive increase and probably impossible to recover later because by paying it you agreed to it. Unless you are only planning to stay for that one additional year, I would start looking for new digs now because who knows what the LL will ask for next time at renewal.
Tell LL you wont renew.
LL may back down.
If you don't find anything suitable in time, tell LL you will pay the $3500 per month on a month to month basis until you do. You can play hardball too.
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Old 05-24-2014, 07:25 AM
 
Location: Brooklyn, NY (Crown Heights/Weeksville)
993 posts, read 1,375,361 times
Reputation: 1121
Unless there's something else you're not including in your retell here, the very idea of charging "retroactive rent" over-and-above your written lease terms violates the most basic principle of contract law. I'm no lawyer but as long as I've lived, I've never heard of such a thing as retroactive rent.

Here's a comparison example. Suppose you had bought a sofa at some bargain price last February. You paid for it, took it home and used it. You still have the written bill-of-sale to show that you and the seller agreed on the bargain price.

Four months later in May, does the seller have the right to ring your doorbell and say, "Dang. I should have sold it for $200 more. It's worth that now, and probably then too. You got a really good deal at the price I set. So, now I feel like you owe me $200. Pay up. " No, just no.

Even if you damaged the apartment, and I'm not saying you did -- LL has to collect that through your security deposit when you move out, not just come at you for a cash payment now. If LL never asked for a security deposit, that was the LL's mistake and s/he can't fix it this way either.

Last edited by BrightRabbit; 05-24-2014 at 07:46 AM..
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Old 05-26-2014, 08:10 AM
 
Location: Manhattan
25,341 posts, read 36,832,279 times
Reputation: 12729
Check the rent history with DHCR to make sure the apartment is actually deregulated legally. You may get somewhere, you may not.

If it is indeed market rate legally, the landlord can make any demand he or she wishes. Your options are to sign or leave. She could ask for a $10,000 "signing bonus" if she wished.
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Old 05-26-2014, 09:54 AM
 
12,340 posts, read 26,011,907 times
Reputation: 10350
Quote:
Originally Posted by J-ParkSlope View Post
Hi Guys,

So me and my roommates want to renew our lease in Park Slope starting July this year and sent an email to our landlord about it. We were on a 4 month lease and now want to start a year-long term that ends July next year.

She said she'll renew the lease at $3500 (we were paying $3,350), which is to be expected. But then she says, "The past 4 months will be adjusted to $3500. So an additional $1000. ($250. Per month) will be required. I am also going to update the rider."

This just seems shady to me. Besides the fuzzy math there ($3500 - $3350 is $150), can you make retroactive demands like that? This just seems very illegal.

ANY ADVICE OR INSIGHT YOU ALL CAN GIVE WOULD BE GREATLY APPRECIATED! THANKS!
What does she mean, she's going to update the rider? Is there currently a rider, and what does it say? I'm certainly no expert, but I believe riders are most often used with rent stabilized leases, although I guess there must be some other uses for them as well.
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Old 05-26-2014, 09:56 AM
 
35,095 posts, read 50,957,501 times
Reputation: 62660
Quote:
Originally Posted by J-ParkSlope View Post
Hi Guys,

So me and my roommates want to renew our lease in Park Slope starting July this year and sent an email to our landlord about it. We were on a 4 month lease and now want to start a year-long term that ends July next year.

She said she'll renew the lease at $3500 (we were paying $3,350), which is to be expected. But then she says, "The past 4 months will be adjusted to $3500. So an additional $1000. ($250. Per month) will be required. I am also going to update the rider."

This just seems shady to me. Besides the fuzzy math there ($3500 - $3350 is $150), can you make retroactive demands like that? This just seems very illegal.

ANY ADVICE OR INSIGHT YOU ALL CAN GIVE WOULD BE GREATLY APPRECIATED! THANKS!
Contact an attorney who is knowledgeable about this issue and ask them if it is legal.
No one here can give you any legal advice.
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Old 05-27-2014, 12:20 AM
 
2 posts, read 2,203 times
Reputation: 10
Thanks for the advice guys! My roommates and I did reach out to lawyer friends too, so I'm awaiting what they got to say. Also, should've mentioned the place is not rent stabilized.

Regarding a rider - I wasn't sure what she was referring to. All I signed was a lease agreement, with no riders attached to it
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Old 05-27-2014, 01:26 AM
 
4,858 posts, read 7,564,487 times
Reputation: 6387
Sounds like a lil scam she tries to pull..If you naively pay it, she gains. If you balk and she drops the idea, she loses nothing.
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