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How much notice for rent increases in NY with a month to month
Anonymous5 views2 answers
My landlord left a message on my answering machine on April 2nd stating that the rent would be increased on May 1st. In case it matters the increase is 33.5% I believe that we need 30 days written notice, am I correct? Is her notice even valid since it was left on a answering machine, and not written or said to our face?
If you have a month to month lease then I would advise you to sign a lease so that your rent remains the same for the term of your lease. If you don't pay the increased rent then the landlord has to send you a 30 day notice to terminate your tenancy.
Dear How much notice for rent increases in NY with a month to month?
A month to month tenancy, if not written, remains viable only as long as the landlord and tenant agree from month to month on the amount of the rent. When the parties no longer agree, the landlord will not accept the subsequent offer of the old rent, and my elect then to use the law to end the tenancy.
The general rules for termination of month to month tenancies outside New York City is found at New York Real Property Law section 232-b:
"Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York...
A monthly tenancy or tenancy from month to month of any lands or buildings located outside of the city of New York may be terminated by the landlord or the tenant upon his notifying the other at least one month before the expiration of the term of his election to terminate; provided, however, that no notification shall be necessary to terminate a tenancy for a definite term..."
The fact that the landlord resorted to an "oral" notice may be improper, if not nearly impossible to prove. That is because the demand to pay a higher rent by itself is not a termination notice. When you do not pay the higher rent on May 1st, the owner must then first provide a one-month notice to you to terminate the tenancy. Your situation may mean that come May 1st, the owner is stuck with providing a termination notice that ends your tenancy on June 30 (One Month notice not 30 days).
Or the owner may decide to pretend that the rent is unpaid and sue, although you would likely have a valid defense to the claim because you did not agree to the higher rent.
It seems to me that you are resigned to the loss of your tenancy. If so, even though the landlord may not have provided a legal notice, you may start now to consider your options about moving at some time in the near future.
