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Old 01-17-2014, 12:30 PM
 
1 posts, read 1,910 times
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Firs time poster here but looking for some clarification and/or insight. I've live din my current apartment since 2009. I want to say in late november or early December, my landlord TEXTED me that he was going to increase rent from $1700 to $1800/mo. When i originally rented the place, it was under lease for $1600. After that initial lease was up, the rent increased to $1700 but with a New lease. I was expecting the same thing to be done here on January 1st (a new lease being offered). Prior to paying rent for this current month, I informed my landlord that I would be moving out by March 1. I paid January's rent ($1700) and then promptly received a text stating that the rent was now 1800 and that I owed 100.

Am i obligated to pay the 100 dollars even tho a new lease was never presented to me and an increase in rent was never presented to me physically?

edit: I live in NYC
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Old 01-17-2014, 01:04 PM
 
Location: Raleigh
13,713 posts, read 12,446,452 times
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No...it defaulted to month-to-month without a new lease being signed. And although it depends on the state and I don't know NY very well, generally speaking they have to give you at least 30 days to take the rent up. So, he could in theory raise the rent for the month of March, being that you only have two weeks left in January to be notified of February. You can't raise rent in arrears. Unless there is some kind of communication that the rent was going up, in the form of a letter, etc, he can't raise it on you arbitrarily.
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Old 01-17-2014, 01:22 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,729,597 times
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It seems that your LL gave you the required 30 day notice of a rent increase (assuming that NYC laws are in line with most other state's laws - you can check them via a link in the first "sticky" on this forum) in which case yes, you do owe the additional $100.
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Old 01-17-2014, 01:27 PM
 
16,376 posts, read 22,497,010 times
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You said your landlord texted you in late November that you new rent is $1800. This was 30 day notice of rent increase. Rent due on Jan 1 would be $1800. Landlord is correct. You pay $1800 for Jan and Feb. Then you move out as planned.
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Old 01-17-2014, 03:50 PM
 
27,214 posts, read 46,772,227 times
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Quote:
Originally Posted by Cardonalj View Post
Firs time poster here but looking for some clarification and/or insight. I've live din my current apartment since 2009. I want to say in late november or early December, my landlord TEXTED me that he was going to increase rent from $1700 to $1800/mo. When i originally rented the place, it was under lease for $1600. After that initial lease was up, the rent increased to $1700 but with a New lease. I was expecting the same thing to be done here on January 1st (a new lease being offered). Prior to paying rent for this current month, I informed my landlord that I would be moving out by March 1. I paid January's rent ($1700) and then promptly received a text stating that the rent was now 1800 and that I owed 100.

Am i obligated to pay the 100 dollars even tho a new lease was never presented to me and an increase in rent was never presented to me physically?

edit: I live in NYC
With no lease the LL is free to raise the rent whenever (of course with proper notice) and you are free to move and in that way to deny an increase by giving notice.

That is the risk of no lease than increases can happen more often....but LL risk to get down time if the tenant is leaving due to that so it works both ways.
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Old 01-17-2014, 08:01 PM
 
Location: Silicon Valley
18,813 posts, read 32,523,229 times
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When your lease ended, you went on a month-to-month agreement. Since you told him you were moving, why should he give you a new lease? You don't need a new written lease to extend the one you have month-to-month.

My only question is whether or not 30 days notice is enough to raise the rent. I see no problem with the text being written notice of the increase. In CA, if you have lived there one year or longer, you have to get 60 days notice - whether month-to-month, lease, etc.

So, you may just want to check NYC law about how much notice is required for a tenant who has been there over 1 year.

EDIT: According to this, looks like 30 days notice is all that is required:

http://www.housingnyc.com/html/resou...enguide.html#3
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