Can rent increase be re-negotiated?

Residential Property 2 views 2 answers
2014 rent rate was $1585, lease exp 11/30/14. The landlord sold the building in Feb 2014 to a Cooperative Corporation. I contacted them to inquire about the terms of the active lease, they replied that everything will remain the same until lease expires. The new LL sent me a Sublease, rec 01/09/15, raising the rent to $1750 (up $225). The Term of Sublease: Commence 12/01/14, Expire 11/30/16 (? confusing given it is just 1 year lease). On the "Exten of Free Market Lease" - dated 1/6/2015, notes one (1) year, exp 11/30/15. They accepted the December and January rent at $1,585 without any objections. Can rent increase be re-negotiated given the discrepancies on the Sublease and their acceptance of the old rate for 2 months after the lease was expired. Is it legal to raise it by so much?

Attorney Answers

2
Steven Smollens ·
Dear Bronx Tenant: Your facts are confusing. Your landlord's building cannot be sold to a Cooperative Corporation. The building may be converted to a cooperative corporation. When that happens, tenant occupying apartments are allowed an exclusive period of time to purchase their apartments. A Rent Stabilized tenant is able to purchase or not purchase the apartment at the time of cooperative conversion. Now. Do you mean you rented an apartment from an owner in a Cooperative building and that your landlord sold the apartment to another person? If your tenancy is not rent stabilized, the new owner has freedom to honor the existing but not expired lease until the lease ends. When the lease ends, if the new owner and you come to terms on a new tenancy you make your own business decisions about rent. A tenant renting an apartment from a cooperative apartment owner is a subtenant of that owner. The apartment corporation may have the right to review any request to sublease an apartment.
0 upvotes
Eric Rothstein ·
What do you mean by sub-lease? Your lease remains valid and in effect until it expires regardless of whether the building is sold. The new owner cannot simply raise your rent. As for a raise when the time comes, if you have a free market apartment then the landlord can charge whatever they can get.
0 upvotes

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