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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]
Response by ab_11218
almost 15 years ago
Posts: 2017
Member since: May 2009

"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.

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Response by oohah
almost 15 years ago
Posts: 82
Member since: Feb 2010

Document everything. Record the phone calls.

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Response by hofo
almost 15 years ago
Posts: 453
Member since: Sep 2008

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.

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Response by NYCMatt
almost 15 years ago
Posts: 7523
Member since: May 2009

"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.

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Response by steveF
almost 15 years ago
Posts: 2319
Member since: Mar 2008

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.

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Response by maly
almost 15 years ago
Posts: 1377
Member since: Jan 2009

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.

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Response by inonada
almost 15 years ago
Posts: 7952
Member since: Oct 2008

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.

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Response by alanhart
almost 15 years ago
Posts: 12397
Member since: Feb 2007

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.

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Response by inonada
almost 15 years ago
Posts: 7952
Member since: Oct 2008

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.

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Response by Wbottom
almost 15 years ago
Posts: 2142
Member since: May 2010

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

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Response by ab_11218
almost 15 years ago
Posts: 2017
Member since: May 2009

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.

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Response by huntersburg
almost 15 years ago
Posts: 11329
Member since: Nov 2010

>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.

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Response by needsadvice
almost 15 years ago
Posts: 607
Member since: Jul 2010

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.

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Response by NYCMatt
almost 15 years ago
Posts: 7523
Member since: May 2009

I'm sorry of the truth stings.

"Young professionals/grad students" really ought to have more of a grip on what they can afford.

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Response by Moury
almost 15 years ago
Posts: 5
Member since: Mar 2011

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.

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Response by Moury
almost 15 years ago
Posts: 5
Member since: Mar 2011

@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.

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Response by Wbottom
almost 15 years ago
Posts: 2142
Member since: May 2010

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

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Response by huntersburg
almost 15 years ago
Posts: 11329
Member since: Nov 2010

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.

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Response by maly
almost 15 years ago
Posts: 1377
Member since: Jan 2009

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.

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Response by needsadvice
almost 15 years ago
Posts: 607
Member since: Jul 2010

@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.

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Response by Moury
almost 15 years ago
Posts: 5
Member since: Mar 2011

@needsadvice: I am not currently using a broker but that might change. I will keep you updated.

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Response by generalogoun
almost 15 years ago
Posts: 329
Member since: Jan 2009

"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.

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Response by MidtownerEast
almost 15 years ago
Posts: 733
Member since: Oct 2010

Matt can afford to live in Manhattan because he doesn't tip. Just think of how much he saves!

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Response by julia
almost 15 years ago
Posts: 2841
Member since: Feb 2007

Matt...they are paying $3200 a month, they can definitely live in Manhattan, even with a small increase to $3500.

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Response by huntersburg
almost 15 years ago
Posts: 11329
Member since: Nov 2010

>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"?

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Response by alanhart
almost 15 years ago
Posts: 12397
Member since: Feb 2007

For perspective, let's not forget: MainlandMatt comes from a slagpile in western Pennsylvania, and lives in a walkup in Fort George.

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Response by huntersburg
almost 15 years ago
Posts: 11329
Member since: Nov 2010

By the way Moury, MidtownerEast lives in a smallish 1 bedroom that only costs $3100. Maybe he needs a roommate.

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Response by huntersburg
almost 15 years ago
Posts: 11329
Member since: Nov 2010
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Response by MidtownerEast
almost 15 years ago
Posts: 733
Member since: Oct 2010

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.

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Response by huntersburg
almost 15 years ago
Posts: 11329
Member since: Nov 2010

What does anyone being a troll have to do with your virginity or smallish 1 bedroom in midtown east?

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Response by MidtownerEast
almost 15 years ago
Posts: 733
Member since: Oct 2010

Glad to see you admit you are a troll. SE should be removing you shortly.

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Response by huntersburg
almost 15 years ago
Posts: 11329
Member since: Nov 2010

Where did I admit I am a "troll"?

Also, have you ingratiated yourself sufficiently that columbiacounty is now your buddy?

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Response by huntersburg
almost 15 years ago
Posts: 11329
Member since: Nov 2010

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?

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Response by MidtownerEast
almost 15 years ago
Posts: 733
Member since: Oct 2010

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.

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Response by huntersburg
almost 15 years ago
Posts: 11329
Member since: Nov 2010

Why do you have the need to support Wbottom? Can't he fend for himself. Or is he?

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Response by inonada
almost 15 years ago
Posts: 7952
Member since: Oct 2008

"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.

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Response by huntersburg
almost 15 years ago
Posts: 11329
Member since: Nov 2010

Serious question - where exactly is Fort George?

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Response by columbiacounty
almost 15 years ago
Posts: 12708
Member since: Jan 2009

check with hfscomm1.

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Response by huntersburg
almost 15 years ago
Posts: 11329
Member since: Nov 2010

?

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Response by buyerbuyer
almost 15 years ago
Posts: 707
Member since: Jan 2010

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.

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Response by columbiacounty
almost 15 years ago
Posts: 12708
Member since: Jan 2009

hfscomm1

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Response by huntersburg
almost 15 years ago
Posts: 11329
Member since: Nov 2010

Columbiacounty's gone apoplectic. He must have opened his brokerage statement again.

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Response by huntersburg
almost 15 years ago
Posts: 11329
Member since: Nov 2010

Wbottom, you must have felt great, having your boy MidtownerEast stick up for your last night! Go you two!

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Response by Moury
almost 15 years ago
Posts: 5
Member since: Mar 2011

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.

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