Unreasonable Rental Increase?

I'm no lawyer and yes, you should get one, but he made the deal and signed the lease, and now he has to live with it. Continue paying what you've been paying, it's up to him to take you to court if he actually thinks he has grounds for a mid-lease rent increase.

I can't imagine he has a leg to stand on, BUT, he can still be a huge pain in the ass, so you probably want to find an attorney who specializes in tenant advocacy (I've been told tenant.net is a good place to look) who can make it very clear to your landlord that if he harasses you in any way, you'll be hitting HIM with a legal action.

You might want to check the links on this page:

http://www.nyc.gov/html/hpd/html/tenants/tenantsrights.shtml

particularly the one to DHCR.

Thanks Tenemental. I think need to go through the lease agreement with a fine comb. Thanks again for your advice.

Hi jifjif,

Couple points. Your situation is not entirely clear to me from your original post. Are you saying that you have a 2 year lease with 6 months left, and your landlord is trying to raise your rent for the remaining 6 months?

Or are you saying that you have a 2 year lease with 6 months left and your landlord is offering you a new lease, to take effect in 6 months, and that the new lease requires higher rent than you are now paying?

Happy to try to help but I'm not quite sure what the facts are!

Thanks Mel

I have 2 year lease with 6 months left and he wants to increase the rent for remaining 6 months (meaning effective immediately, hence 5 day notice). The increase is about 15 percent which I think is reasonable if I was to renew

He did not expressively indicate that the increased amount for remaining 6 months will be same if I decide to renew when lease is finished.

One more thing, he has indicated that normally, he would raise the rent after 1 year and the 2 year lease is just a structural form so there is no additional paper work. I have combed through it and cant seem to find any thing that states 2 years lease with 1 year option to increase.

Jif, as a general rule, landlord may not increase your rent during the term of your rent. Things get complicated if you are rent-controlled, rent-stabilized, or participate in some other form of directly-regulated rental housing.

But again, the general rule is that, unless your lease has a provision expressly allowing the landlord to raise your rent mid-term (doubtful), his attempt to raise your rent is not allowed.

Assuming you are NOT in regulated housing, in order to try to maintain good relations with him, I would ask him to point out the provision in your lease that allows him to raise rents mid-term. See what he says. And certainly continue paying the rent specified in your lease, but not a penny more. Shouldn't matter what his "policy" or practice is.

Ordinarily I recommend hiring an attorney but this is a pretty small matter. Doesn't sound like you need to take him to court for anything, and if there is no basis for his mid-term rent increase, he won't be able to successfully take you to court either. Again, find out the WRITTEN basis (written in your lease, of course) for his increase. Without one, he got nuthin!

Hope that helps.

Thanks a lot Mel. I read it over and over. It does not state anywhere rent could be raise at any given point. But just to be on the safe side, I got a lawyer to to review it. My landlord is VERY careful with his words so it is odd that he would say things with out providing evidence that it is his right.

Funny thing is that he even told me that I am a model tenant and would wish to continue as such.

Maybe I was too much of a nice guy.

So after speaking with a lawyer, the LL cant increase it BUT he has right to break the lease at any time with 60 days notice.

I think he is doing this on purpose because he knows that I am looking for a place to buy. Basically either you pay the increase and finish your lease OR you move out in 60 days and have problem finding a place to buy.

Thoughts?

Jifjif, do not be fooled! If you pay the increase he can STILL break the lease at any time with 60 days notice! Until he gives you the 60 day notice in the form and by the method required in the lease, everything is the same as it always was.

aboutready do you have an opinion on this for I'm not sure if Mel is correct on this one.

What should I do? I am sure if when I say no, he will serve me 60 day notice. Is there anything I can do?

Clearly he has malicious and intentional act. He wants more money and when I say no he is basically threatening to serve me 60 days because he knows I am looking for a place to buy.

jifjif let's slow down here. How much extra will this 15% increase in your rent mean to you on a monthly basis. The landlord probably is saying to himself in a few months springtime is here and I can get a higher rent with guy out.

Be prepared to move. Do you have a lot of stuff? Look at craigslist.org sublets and temporary.
You may find an unfurnished short term to let you move your stuff (costs money, then still have time to look and find a good deal on something you really want to buy.

The choices on craigslist will give you some perspective, then you'll know that you might have to give in to your landlord, or, hopefully, not give in.

Spunky, you are killing me! Hilarious!

Jifjif: couple thoughts - can always just sit tight and keep paying your rent until the end of the lease, even if landlord sends 60 day notice. Cannot recommend this option but it can work. Does lease have legal fees clause?

Can also offer landlord to pay higher rent in exchange for waiving 60 day termination clause.

Thanks all.

Spunky that is correct. He knows my intent to buy a place and thinking how much can he get more out of me and / or if I dont, why not kick me out and find someone else with higher price. The 15% is not that big extra $400 but I am just annoyed and pissed. I would rather pay 30% extra some where else than give that to him. I have done favors for him such as picking up his mail (and sending it to him) and even delivering packages for him (he doesnt live in the city).

Cliff yes I am preparing that but my lawyer advised me this.. even if I pay extra he can still kick me out regardless. Also, if I decide to put increase in writing he can still kick me out.

Mel, the legal fees clause is included but for LL only not for me. I have semi free legal advice through my company but not for filing or court costs. The thought of me asking him to waive that clause will only lead to his advantage, I dont want to give him.

I guess being too nice only screws you over. Any thoughts on what I could do when I get served 60 day notice? Is there something that court can do based on malicious intent? I know I would need to prove that he has malicious intent or does him trying to raise knowing that I am looking for a place and knowingly placing 60 days notice count as malicious?

Jifjif - legal fees clause is reciprocal by law. If the clause in the lease grants it only to him, the law says it must operate both ways. Is landlord even aware of 60 day clause?

Mel yes he does. I know he does. In my correspondents with him in the past, he is VERY careful with his words. I was alerted because he was very unclear and was open to interpretation. At the end of the email he basically said, 'since you are looking for a place, taking this route (increase with out paper work) would be expedient for your benefit'. I clarified with him on point by point bases. I am assuming that he knows I am consulting a lawyer etc. Just the fact he gave me email notice rather than letter is also suspect. Along with 5 day notice of rent increase. Now, I want to prepare when he does serve me that.

hmmmmmm

Ouch, how did you let it slip that you were thinking to buy? Can you pretend that you don't want to buy anymore and that you've been a good tenant and this is a bit unfair?

aifamm honestly it was my fault. He asked me about my long term plan and a person who I want to give as much notice as possible for benefit of my self and others, I told him what my plan was. At this point, rather if I tell him that I am not looking or not, I dont think he really cares. He just wants money and thats it. I even expressed my intent that if I buy a place earlier, I would still carry out the lease to the fullest.

Anyone think that RPL for retaliation provision can work on this? only one that I found was 233-N which is for manufactured home / mobilehomes....

Actually, my recommendations are not for the faint of heart, but did you have a superb deal? If not, I'd try looking up comparables on line and just letting the old landlord know what's out there at the moment. Prices have not increased the way your landlord might like the last few months (although it seems really silly to boot you out in winter, even if they got rid of you at the end of March they'd have plenty of time to remarket for the summer crowd). If that doesn't work, get ready to move to a sublet and quick, and give the landlord the finger on the way out.

I would need to see the contract to judge the veracity of the 60 day clause. Although it's very little less (generally speaking) than a normal contract, it is very unusual. Remember, often tenant law will negate contractual provisions that are inserted only for the benefit of the landlord (arguing that the tenant had no real bargaining power in the first place). I don't know about this particular type of situation (and I in the past have acutally informed a landlord that I intended to purchase with great result, so obviously things can change.)

My brother is my landlord he bought the house after my Mom died so I could have a place to live he has told me he is raising the rent to $600 from $550 that is raised by $50 this is an unreasonable? yes or no? He never wrote up a lease agreement he has given me 6 days notice verbally. I live in Grandville,MI