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Lease Takeover - Okay to raise the rent?

Started by gm86
over 10 years ago
Posts: 0
Member since: Jun 2015
Discussion about
I have a unique question - I am taking over the lease from someone who has to break it. She is paying $2,050 and advertised it as such. Now the management company is saying the new rent is actually $2,150. Are they any stipulations about this in NYC? This is a rent-stabilized building and I'm aware this is a unique case, but shouldn't I be able to take her rent and wait until her lease term is up until they raise the rent? Which is set by the city (1% for this year). Thanks,
Response by uptown_joe
over 10 years ago
Posts: 293
Member since: Dec 2011

Not sure if lease assumptions are how it would work in a stabilized situation. More likely the landlord would want to end the existing lease and then have you sign a new one, called a 'vacancy lease,' because a vacancy means they get to bump up the legal rent by a big chunk (over and above the small annual increases).

They can choose to charge you less than the legal rent (your actual rent is called a preferential rent), but under current law the preferential rent is only in force until the next renewal, at which time the rent can be adjusted to any other number below the latest legal rent.

Read in depth at http://www.nycrgb.org.

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Response by fieldschester
over 10 years ago
Posts: 3525
Member since: Jul 2013

What neighborhood?

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Response by snezanc
over 10 years ago
Posts: 121
Member since: Oct 2007

when you start a new lease the rent goes up by a vacancy increase. The current tenant could sublet to you, which they are legally allowed to do and the owner can charge you a sublet increase percentage. All of this is detailed in the rent stabilized guidelines detailed in the link provided by uptown joe

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