My roommate & I have a month-to-month lease in NYC in a private home. Our apartment is a 3 bedroom, with both of our names on the lease. Our rent now is $2450 not rent stabilized/regulated. My roommate & I occupy 2 out of the 3 rooms already, thus meaning there's an extra room available to rent out. Our rent includes heat and hot water. The lease states that the landlord can request an... [more]
My roommate & I have a month-to-month lease in NYC in a private home. Our apartment is a 3 bedroom, with both of our names on the lease. Our rent now is $2450 not rent stabilized/regulated. My roommate & I occupy 2 out of the 3 rooms already, thus meaning there's an extra room available to rent out. Our rent includes heat and hot water. The lease states that the landlord can request an extra $25 a month if we excessively use water, which means that because we're getting a third roommate, we can at least expect an extra $25 added to our monthly rent. Our landlord told us we can take on a 3rd roommate to help defray the costs. Our friend just got a job in NYC and she's looking to move into the third bedroom come the 7/1/16. I informed my landlord of this. He now wants to drastically increase our rent to $3000/month, because a new person will be moving in. I understand the concept of 'wear and tear', but my roommate & I both put down a month & a half security, a total of 3 months between the two of us, and he's requesting a full month security from our new roommate. Thus, the 'wear and tear' concept is essentially covered then through our security deposits. My question is, in NYC, what legal rights do tenants have to prevent rent increase? The apartment can legally hold an occupancy of 4, so we aren't exceeding any sort of limits. I read online that in NYC, a landlord cannot exceed the rent by 10% if a new roommate comes in, even if the apartment isn't regulated/stabilized.
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Response by CCL3
over 9 years ago
Posts: 430
Member since: Jul 2014
If you are not rent stabilized or on a preferential rent, you have no right to prevent an increase after the term of your lease has expired. Being on a month to month rather than a longer term lease really leaves you exposed in this regard. If you can't afford the increase for the next lease term (month) your option is to try to negotiate with your LL or move out. Since you have a private contractual, non-regulated lease, I'm pretty sure there's also no limit on the security deposit he can charge, even though it is atypical to take more than one month's rent.
Is your apartment in a high-demand area? If not, you can try to get the LL to be more reasonable saying you can't afford the increase and will need to move out. He will most likely lose rent while the apartment sits empty as he tries to find a new tenant.
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Response by 30yrs_RE_20_in_REO
over 9 years ago
Posts: 9882
Member since: Mar 2009
With the current rental market, I can't say that it is "highly unusual" for a rent increase from $2,450 to $3000/month even though it seems like a lot.
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Response by Squid
over 9 years ago
Posts: 1399
Member since: Sep 2008
>>>My question is, in NYC, what legal rights do tenants have to prevent rent increase?<<<
Answer: None, if you are a market-rate (non-stabilized) tenant.
Month-to-month leases have some real downsides, and you are now experiencing why they can suck. If you had a typical yearly lease, you could legally bring in one additional roommate and the landlord would not be able to make any adjustments to your lease. But since you are month-to-month, you are starting a whole new lease cycle each month. So if he wants to adjust your rent for any reason, he can do that at the start of your next month's lease. It sounds like he told you one thing and is now changing his mind, which makes him a jerk for going back on his word but that's about it.
Ordinary wear and tear is exactly what the security deposit is NOT designed to cover. You as a tenant are allowed ordinary wear and tear. With a month to month lease you have 30 days to say you're moving out, and the LL has 30 days notice to tell you to get out.
This is one of many reasons why you want a 1 year lease if you can get one. Our landlord is in contract to sell the house we're renting, but LL could not toss us out early as LL planned, because we have a 1 year lease.
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Response by fieldschester
over 9 years ago
Posts: 3525
Member since: Jul 2013
Flute, what happened with your situation?
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Response by alanhart
over 9 years ago
Posts: 12397
Member since: Feb 2007
Troll, what happened with your situation?
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Response by fieldschester
over 9 years ago
Posts: 3525
Member since: Jul 2013
Alan Hart! I was wondering what happened with you, I even set a Google alert for you. Hmmm, interesting stuff showed up.
If you are not rent stabilized or on a preferential rent, you have no right to prevent an increase after the term of your lease has expired. Being on a month to month rather than a longer term lease really leaves you exposed in this regard. If you can't afford the increase for the next lease term (month) your option is to try to negotiate with your LL or move out. Since you have a private contractual, non-regulated lease, I'm pretty sure there's also no limit on the security deposit he can charge, even though it is atypical to take more than one month's rent.
Is your apartment in a high-demand area? If not, you can try to get the LL to be more reasonable saying you can't afford the increase and will need to move out. He will most likely lose rent while the apartment sits empty as he tries to find a new tenant.
With the current rental market, I can't say that it is "highly unusual" for a rent increase from $2,450 to $3000/month even though it seems like a lot.
>>>My question is, in NYC, what legal rights do tenants have to prevent rent increase?<<<
Answer: None, if you are a market-rate (non-stabilized) tenant.
Month-to-month leases have some real downsides, and you are now experiencing why they can suck. If you had a typical yearly lease, you could legally bring in one additional roommate and the landlord would not be able to make any adjustments to your lease. But since you are month-to-month, you are starting a whole new lease cycle each month. So if he wants to adjust your rent for any reason, he can do that at the start of your next month's lease. It sounds like he told you one thing and is now changing his mind, which makes him a jerk for going back on his word but that's about it.
You may want to check out the rent guidelines board if you haven't done already. But unfortunately it appears you are in a real pickle with this one. http://www.nycrgb.org/html/resources/faq/roommates.html
Ordinary wear and tear is exactly what the security deposit is NOT designed to cover. You as a tenant are allowed ordinary wear and tear. With a month to month lease you have 30 days to say you're moving out, and the LL has 30 days notice to tell you to get out.
This is one of many reasons why you want a 1 year lease if you can get one. Our landlord is in contract to sell the house we're renting, but LL could not toss us out early as LL planned, because we have a 1 year lease.
Flute, what happened with your situation?
Troll, what happened with your situation?
Alan Hart! I was wondering what happened with you, I even set a Google alert for you. Hmmm, interesting stuff showed up.