Tenant Rights? Do I have one?
Started by Moury
almost 15 years ago
Posts: 5
Member since: Mar 2011
Discussion about
I live in midtown west in NYC with two roommates. We pay $3200/mo rent, we got this place in March of 2009. It is not a rent controlled apartment and we were very aware of the possible raise in rent at renewal. In February of 2010 the renewal for our lease came, we decided to extend our lease, the price stayed the same, which was great. We extended the lease until August of 2010 because one of our... [more]
I live in midtown west in NYC with two roommates. We pay $3200/mo rent, we got this place in March of 2009. It is not a rent controlled apartment and we were very aware of the possible raise in rent at renewal. In February of 2010 the renewal for our lease came, we decided to extend our lease, the price stayed the same, which was great. We extended the lease until August of 2010 because one of our roommates had to move out at the end of August 2010. She got off the lease and the agreement with the leasing company was that the other two will remain on the lease and renew it upon her departure. Here is the not so fun part. The manager for our building is very disorganized and incompetent. He never gets back his tenants when we have questions or concerns, even things regarding lease, move-in, move-out, etc. When our old roommate left she had a very hard time getting in contact with him to sort out the paper work. It came to a point where she had to contact the management company to get things going, and as soon as she did that he contacted her and was very angry with her, that, "she went went behind his back and got him in trouble." When he does talk to us he never fails to tell us that he is getting a lot of heat from the company to let us stay for the price we are paying. That it's only by the grace of the goodness of his heart that we have a roof over our heads. Also the leasing company get annoyed very easily when contacted, as we have learned from the experience last summer when helping our old roommate move out and sort out documents. We were referred back to our manager and of course he doesn't respond... so it was a vicious cycle. Anyway, when our old roommate left, we tried to renew the lease however he never got back to us. We attempted several times. We emailed him, called him, left him messages, you name it. We wanted to renew our lease and sign an official document saying that we were a lease holder. We were ready for rent hike because we knew that it was coming. During all these attempts to talk to him, he only replied once, saying, he will call us. That call never came. We sent another email saying, we need to talk to him and sign a new lease. NOTHING. So automatically they put us on month to month lease. We payed our rent (always on time), the price stayed the same, great... but we were still weary that we don't have an official lease. Last week, he called us and told us that we can either renew our lease with a new monthly rent of $4000 or leave by the end of March. This came out of the blue. Here is what angers me, $4000 means $800 hike from our $3200. That is no easy money. He knows we are young professionals/grad students. We don't have that kind of money flowing in. We were prepared for the rent to go up, of course, but not by $800. Also, we wanted to sign a new lease back in August of 2010 to secure a reasonable rent price but he never got back to us, and now for him to spring this up on us seems quite unfair. The worst part is of course that now we cannot get in touch with him to have a decent talk and figure things out. He never returns any of our calls, he does not respond to our emails. We might have to contact the management company (though according to him us talking to the management company only makes things worse because they are unhappy with him letting us stay for so cheap and will definitely raise the price to more than $4000 that he suggested-out of the goodness of his heart) I am just angry that now I am apartment hunting, AGAIN... This is one more stress added to my already busy life. I wish they gave us more time, or the fact that they have someone who cannot do their job. I love our apartment, the location, and the convenience to get to work and school is almost unmatchable. It is our home. I think he seems to think that if he ignores his tenants and their problems or concerns it will go away and then he can do whatever he wants later. What is my right as a tenant? [less]
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"Last week, he called us and told us that we can either renew our lease with a new monthly rent of $4000"
With this statement, it seems that he has not provided you anything in writing. I would find a new place and provide the management company, not him, a 30 day notice IN WRITING. He can say whatever he wants, unless you have a Written Notice, it's just talk. Just like a lease needs to be in writing, so does a notice.
Document everything. Record the phone calls.
have you searched on Streeteasy to see what the going rate is? My friend lives in a rental building in the UES and his rent went up by 3%. You should definitely call the mgmt company and see if you can go in and renew your lease with them instead of this dude. At the same time, look for a place to move if no luck with mgmt co.
"Here is what angers me, $4000 means $800 hike from our $3200. That is no easy money. He knows we are young professionals/grad students. We don't have that kind of money flowing in."
Sounds like you need to find a more affordable apartment. Not everyone can afford Manhattan. This is why God invented the Bronx and Queens.
Moury,
The LL can only charge what the market will bring in. However, no LL will risk losing a tenant b/c they are too high by a couple of hundred bucks. Why don't u counter in the middle and see what they come back with. I started reading but kinda long...all I can say is the lease is King. Whatever is on the lease is what both parties are responsible for. Good Luck.
A phone call to inform you of a rent hike can be safely ignored. Just pay the old amount, and give yourself the gift of another 30 days to find a new apartment.
Unfortunately, not much other than find a place or two that you'd be willing to move into vs. paying $4000 for this place and using that as a real alternative to negotiate a better price. You should play delay tactics (don't respond to them) until you find your backups.
As a month-to-month tenant, a 30-day notice is all that is required:
http://www.housingnyc.com/html/resources/attygenguide.html#3
If having long-term stability in the rental price is important to you, then you should have this figured out as part of your lease terms. In terms of the past events:
1) The fact that they didn't jack you up Aug 2010 is actually a blessing -- you should have never moved yourself off a March cycle. If I had been them, I would have jacked you up back then and forced you into a 1-year lease as that is prime rental season, and there was relative strength at that point in time.
2) Given that blessing, if I were you, I would have done a search for a new place with a Dec 1 or Jan 1 or Feb 1 because that is when the market is weakest. Having found the alternative, I would have sent them notice that you intend to move out, say, Jan 1 unless a 2-year lease is signed or whatever.
3) You say that "spring this upon us seems quite unfair". What exactly do you expect from people? They are running a business, and in a business, they try to maximize profit. You, on the other hand, should be trying to minimize the price you are paying. The fact that you paid a 2009 price of $3200 from Aug 2010 to now is a blessing. If the broader market is an indicator, they probably could have jacked it to $3600 back then, which would have been a slightly-above-market increase that you would have probably accepted: I'd estimate that the part of the market you're in was up to $3400 or $3500 in Aug 2010, and a well-run rental building will know to bump you up extra, but not so much as to make you move.
4) FWIW, I would have probably waited a month or two to spring this upon you if I were them.
5) You indicate that the person didn't do their job right. It seems to me that they did do their job right: they played delay tactics with you, with which you complied, and moved the timeline of dealing with the issue to a point where they felt it was best as a business tactic. It seems to me that you are the one who didn't do their job right.
I don't know if you know much about me on this forum, but I'm certainly far from being some pro-LL advocate. I hope this ass-kicking I'm giving you is coming across in a way that encourages you to take control of your destiny in this and future business dealings.
It sounds like you're now on a month-to-month lease, and (as ab_11218 pointed out) have gotten nothing in writing to change that arrangement. So do nothing, besides considering where you'll look for another place if you're given 30 days' notice in writing. Maybe he's calling your bluff, or not simply disorganized, but also a bit crazy (The management company is "mad at him"???)
Also consider that if you have to move during peak months (July-September), rents will be higher than other times of year, and your search more difficult.
Finally, while Matt's answer is inappropriate given the 25% increase that your bldg. manager discussed, there are less expensive options. If you're settled in to NY enough that you feel you know a few neighborhoods fairly well (not a newbie), I'd particularly recommend W. 116-123 St., between Morningside Ave. and 8th Ave. ("Frederick Douglass Blvd" in written form) ... safe, clean, cheapish.
FYI, the law does require written notice, I believe -- see Section 232:
http://www.tenant.net/Other_Laws/RPL/rpl07.html
So, maybe you can just pay $3200 until they provide you with written notice. However, that doesn't solve the larger issue: time is just pushing you into worse-and-worse months. Really, you should find your alternative for a April 1 move-in with a 2-year lease, and then you have your bottom line with which you can tax them. I.e., play delay tactics for the next 2 weeks while you find a new place, and then in 2 weeks tell them the terms they need to meet in order for you to stay.
ignore matt--
clearly you need to assess whether or not your apt is a reasonable deal as compared to current market
if it seems better to move, you have no obligation to hurry, based on your dopey bldg mgr's verbal notice
only issue may be the reference you will likely need in order to sign new lease--tread carefully there
good sources to check for quick reference: nybits.com, also try to reach bldg mgmt co's independent of brokers, ask doormen for "mgmt office name and number NOT brokers" (some doormen shill for brokers, even tho their building will rent w/out), check algin management--they will deal direct and reasonably price their apts--also, have a friend call your current bldg's mgmt co and inquire about your bldg and others
good luck...a 25% increase is BS
i'd take the opportunity to search for another apartment now. they may hold you till May and then give you a real notice. at that point, the rents will be higher then now as it will be the HOT season for rentals.
>good luck...a 25% increase is BS
We don't call him Wtushy for no reason. Its no more BS than expecting a landlord to do anything other than to maximize his rent. You can't assume you have a long term arrangement when you don't.
The only sensible person so far is inonada (perhaps Matt is right too, but he seems to prefer to be the jackass to Wtushy's wimpyness). Obviously this sucks, I hope you can work out the best deal there or elsewhere, but your anger is misdirected, you are only entitled to what you agreed, and then you can have your good fortune (eg the recent period with no increase) or bad fortune as it comes.
Next time you leave a message for this bozo, tell him if you do not hear from him by close of business the following day, that you will contact the management company. Then do it. He's told you his weak spot, use it. This is New York. Don't let him dominate you, you need to take charge. Next time he says something about the "goodness of his heart" or any other BS, calmly say "Well, I'll just have to check with the management company on that one". If he protests about you contacting the management co., point out that you warned him, then HE FORCED YOU to contact the management co and counter with your demand. The key is the deadline. If you don't give him a deadline, he won't respond in a timely fashion. I seriously doubt that he is setting the rental rate, BTW.
Also, check your lease (the original one). There should be a requirement of notice, probably written, even if the term goes to a month-to-month.
But, I would start searching for a new place ASAP, there are other/better places out there, without the bozo factor.
I'm sorry of the truth stings.
"Young professionals/grad students" really ought to have more of a grip on what they can afford.
Thank you everyone for all your advice!
@inonada: Your ass-kicking words are appreciated.
The moment we got the call about $4000 (which was the night of Feb 28th, we started looking at new places while we deal with this situation. I saw a place last night and we have a few places to see today. Hopefully we can find something affordable. 25% increase IS quite unreasonable.
We are not wasting anytime, but I really appreciate everyone bringing to my attention that his 30 Day notice is not on writing. If by some reason we can't find a place in a month, at least we won't be homeless.
@NYCMatt: There is no need for you to be rude. The truth doesn't sting, because I am aware of it. We have a set budget, so does everyone else. I don't think it's a crime to evaluate what's reasonable and what isn't. And I think everyone can agree that no matter what the original rent was, a 25% hike is unreasonable.
WTF does tuth have to do with ""Young professionals/grad students" really ought to have more of a grip on what they can afford."?
They got hit with a surprise 25% rent increase as delivered by bozo the laggard lackey. They are not thrilled and consider the increase a lot of money. Nowhere do they say dogmeat about what they can or can't afford? Theyve received good advice on how to proceed
sometime you just cant not be asshatmatt
btw moury, DO look around now, even if kindhearted bozo fails to follow through on forcing you out--lock in this time of year for your lease anniversary, much better time of year to negotiate or new or currwent space year over year
Wtushy, don't insult "bozo the laggard lackey" - you know what they say about people in glass houses Wtushy.
25pct may be unreasonable to you, reasonable to them, who cares what adjectives are. Don't "evaluate what is reasonable" just evaluate what you can get. Some would say $3200 was unreasonable. Some would say it was cheap.
Moury, well done on reading what mattered in this thread. Inonada gave you excellent advice. You can ignore NYCMatt, he's our resident scary clown. Good luck in your search.
@MOURY:
Are you using a broker? If so, who?
I own a rental that will be available for the Aug 2011-June 2012 school year, and I'm going to be looking for a broker, interested to hear who you are using, since grad students are my target renter for my 2 bed.
@needsadvice: I am not currently using a broker but that might change. I will keep you updated.
"Not everyone can afford Manhattan. This is why God invented the Bronx and Queens."
When I see this kind of statement on SE I usually mutter a bit, grit my teeth and move on. Tonight I think I'll reply.
I can easily afford to live in Manhattan but attitudes like yours are one of the many reasons I choose to live in Queens. You ought to try to get over yourself. There are many people who would rather pay a lot less for housing, use their money in other ways, and still enjoy all the cultural and other benefits of living in NYC. Spending a fortune to live in Manhattan doesn't necessarily make you a Master of the Universe -- or a wise, kind or compassionate human being. If you like living there, good for you, but it doesn't validate you in any way.
Matt can afford to live in Manhattan because he doesn't tip. Just think of how much he saves!
Matt...they are paying $3200 a month, they can definitely live in Manhattan, even with a small increase to $3500.
>Matt can afford to live in Manhattan because he doesn't tip. Just think of how much he saves!
You found that out about Matt by doing a "search"?
For perspective, let's not forget: MainlandMatt comes from a slagpile in western Pennsylvania, and lives in a walkup in Fort George.
By the way Moury, MidtownerEast lives in a smallish 1 bedroom that only costs $3100. Maybe he needs a roommate.
Sorry, my mistake, $3200. No savings here.
http://streeteasy.com/nyc/talk/discussion/24949-virgin-post-calling-all-finance-geniusestrolls
Huntersburg/Hones/Riversider --
No, I "found it out about Matt" because I participated in a discussion about tips, you dumb asshole:
http://streeteasy.com/nyc/talk/discussion/23536-how-much-do-you-tip-the-super
Quit assuming that everyone is a troll just because you are.
What does anyone being a troll have to do with your virginity or smallish 1 bedroom in midtown east?
Glad to see you admit you are a troll. SE should be removing you shortly.
Where did I admit I am a "troll"?
Also, have you ingratiated yourself sufficiently that columbiacounty is now your buddy?
By the way MidtownerVirgin, please explain why your presence on this thread was nothing more than an insult at Matt, and never even an attempt to address the OP in any way whatsoever?
Are you kidding me? I knew you were a troll. Now I know you are a stupid troll. Most of your posts are simply attacks on another poster and generally they are as clever as saying "wtushy" or something else nonsensical. By the way, Wbottom is obviously a reference to the type of recovery, not a rear end; if you are going to insult someone, at least get that right.
http://www.investopedia.com/terms/w/w-shaped-recovery.asp
Done feeding trolls now.
Why do you have the need to support Wbottom? Can't he fend for himself. Or is he?
"Not everyone can afford Manhattan. This is why God invented the Bronx and Queens."
And God invented 1BRs in Fort George so that pretentious assholes with neither class nor money can feel like they're superior to people in other boroughs? You have some serious self-esteem issues, Matt. Get help.
Serious question - where exactly is Fort George?
check with hfscomm1.
?
generalougn: "Spending a fortune to live in Manhattan doesn't necessarily make you a Master of the Universe -- or a wise, kind or compassionate human being. "
I'm not sure any of those terms have previously been employed in reference to Matt, not even by him.
hfscomm1
Columbiacounty's gone apoplectic. He must have opened his brokerage statement again.
Wbottom, you must have felt great, having your boy MidtownerEast stick up for your last night! Go you two!
New Development:
This morning around 8:30AM as my roommate and I were walking out the building the super of the building stopped us and said, "_____ said you guys were moving out, I was told to show your apartment at 10AM today, is that okay?"
NO. The answer was NO.
1) We have not received anything in writing about move out date.
2) They are supposed to give us 24 hour notice before showing it to someone, not the morning of.
3) What if he didn't see us this morning... would he have just showed it without our consent?
4) I checked both this site and propertyshark.com to see if our apartment is on the market, it is not.
This is so upsetting.