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I moved 6 months ago in East Elmhurst, NY in a 1 small bedroom BASEMENT APARTMENT, utilities included, there is NO LEASE. The landlord increase my rent by 10% which is $100 & the reason that he is increasing the rent is that everything went up not to mention that he DOES NOT want me to COOK anything that has to do with fish or seafood because the smell stays in his house for 2-days & if we don’t like it then we could just move out but to let him know 1-month in advance. I live there with my husband only & we are hardly at home just at night during the weekday & the whole day in weekend. We always pay our rent on time & even before the due date. We asked him before we deicide to rent the apartment if there were any rules, according to him there were not any. Is it ok for him to raise my rent all of sudden & tell me what I should be cooking? Is it normally 4% of the rent on regular apartments? Please advise ASAP.
I moved 6 months ago in East Elmhurst, NY in a 1 small bedroom BASEMENT APARTMENT, utilities included, there is NO LEASE. The landlord increase my rent by 10% which is $100 & the reason that he is increasing the rent is that everything went up not to mention that he DOES NOT want me to COOK anything that has to do with fish or seafood because the smell stays in his house for 2-days & if we don’t like it then we could just move out but to let him know 1-month in advance. I live there with my husband only & we are hardly at home just at night during the weekday & the whole day in weekend. We always pay our rent on time & even before the due date. We asked him before we deicide to rent the apartment if there were any rules, according to him there were not any. Is it ok for him to raise my rent all of sudden & tell me what I should be cooking? Is it normally 4% of the rent on regular apartments? Please advise ASAP.
Thank you for your help,
Confused
I see you bent over a barrel without a lease or a verbal agreement enforceable in a court of law regarding rents, no rules riders about cooking, etc.
If there is no lease, does that mean that any agreement means nothing? Presumably, you could leave at any time, or he could kick you out at any time, since there is nothing legal saying that you're a tenant there.
If not rent stabilized, a landlord can raise the rent when a lease expires as much as they wish.
If you do not have a written lease, my understanding is that you are by default a month-to-month tenant, and either party, for any reason (other than discrimination against a protected class), can end the arrangement upon 30 days written notice. And since it is apparently a free-market apartment (not rent stabilized) he is not bound by rent regulation laws. He would be bound of course by other landlord/tenant laws such as ensuring that it is a legal apartment. So while I don't think he can unilaterally make a rule that you can't cook what you please (because when we rent an apartment it is assumed that we can cook what we please), he can evict you for not liking the smells of your cooking. That's the good and the bad of being a month-to-month tenant. If want greater protection, get a written lease.
If the basement apartment is considered to be "illegal," your landlord is basically can't do anything. Kicking you out is illegal. Suing you in the court is also "waste of time" due to the fact that the basement apartment is illegal. In your case, you are not allowed to cook, so it sounds like your apartment is illegal. The only thing you have to worry is that he might cut off the water supply now and then..or refusing you to have heat now and then. Little things that he can do to "bother" you. Other than that, he really can't raise your rent. First thing first, find out if your apartment is legal or not, but my estimate is that your apartment is illegal! Talk to your lawyer first before you do anything. I hope this will help!
If you do not have a written lease, my understanding is that you are by default a month-to-month tenant, and either party, for any reason (other than discrimination against a protected class), can end the arrangement upon 30 days written notice. And since it is apparently a free-market apartment (not rent stabilized) he is not bound by rent regulation laws. He would be bound of course by other landlord/tenant laws such as ensuring that it is a legal apartment. So while I don't think he can unilaterally make a rule that you can't cook what you please (because when we rent an apartment it is assumed that we can cook what we please), he can evict you for not liking the smells of your cooking. That's the good and the bad of being a month-to-month tenant. If want greater protection, get a written lease.
Sorry, this is true.
If I were you: I'd let the landlord cool down, and agree to open windows and ventilate better (maybe with a fan) when you are cooking. If you like the apartment (and if you rented it...I hope you do), try not to make enemies...this may be easily solvable.
If the basement apartment is considered to be "illegal," your landlord is basically can't do anything. Kicking you out is illegal. Suing you in the court is also "waste of time" due to the fact that the basement apartment is illegal. In your case, you are not allowed to cook, so it sounds like your apartment is illegal. The only thing you have to worry is that he might cut off the water supply now and then..or refusing you to have heat now and then. Little things that he can do to "bother" you. Other than that, he really can't raise your rent. First thing first, find out if your apartment is legal or not, but my estimate is that your apartment is illegal! Talk to your lawyer first before you do anything. I hope this will help!
Come on....if the apartment is illegal (it may be) you will be forced to move anyway (by the city until the landlord, if possibe, legalizes it)...same predicament you are already in. If there is a legal basement apt, you will probably be paying much higher rent secondary to the COST of legalization.
Come on....if the apartment is illegal (it may be) you will be forced to move anyway (by the city until the landlord, if possibe, legalizes it)...same predicament you are already in. If there is a legal basement apt, you will probably be paying much higher rent secondary to the COST of legalization.
Who would report it? The landlord would not be the one, nor do I think the renters would do so! If it was illegal, she could get a "free" basement apartment.
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yup
