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July 1, 2008
Raising the Rent - backdating..?
So I've been having a debate with my boyfriend who is a bitter renter. His lease ran out two months ago, and the landlord finally sent him a new lease. The lease states that his rent is going up by $150 a month, and they are backdating the lease to two months ago, when the previous lease expired. If they landlord did not send the lease until this month, does he need to pay the extra $150 a month for the past two months, when the lease was not sent to him? Personally, I think it's absurd since the landlord was remiss in sending the lease on time. He does not want to argue over $300 and have a negative relationship with his landlord, so he feels he should pay the amount. Is this legal? Does he have any recourse? Plus raising the rent by $150 a month is a lot of money, do landlords have a limit to how much they can raise the rent if it's not stablized or controlled?
signed,
bitter renter's girlfriend
Comments
"does he need to pay the extra $150 a month for the past two months, when the lease was not sent to him?"
No - After his lease expires he is month to month until a new lease is signed. He is perfectly within his rights to not pay it. The landlord is an idiot if they think they can raise rent retroactively. If I were him I would object, the landlord will not likely want to lose him as a tenant and should know it is a dumb thing to expect.
"do landlords have a limit to how much they can raise the rent if it's not stablized or controlled?"
No - It is private property and they can raise the rent by $50,000 if they want. It is a free market and they have to balance the likelihead they will get the rent they ask with finding and keeping good tenants.
Good luck with your boyfriend
Posted by: newsouthsloper at July 1, 2008 7:52 PM
Can we stop with the bitter renter bullcrap? he rents.Maybe you make him bitter.
Posted by: guest at July 1, 2008 8:52 PM
He's a free market renter. Everything and anything is subject to negotiation. I see your side of the picture, and you have a point. So does the BF. Negotiate. At the same time, your BF could just stop paying rent altogether, and the landlord could go to housing court to evict. Let him know that.
Posted by: denton at July 1, 2008 9:42 PM
New Southsloper is exactly right. Once the lease expires, if no notice or new lease is received, NY Tenant law states that you become a month to month tenant. I would absolutely refuse to pay the addition retroactive increase.
That said, private owners can raise the rent to what ever the wish.
Posted by: PutnamStoner at July 1, 2008 9:50 PM
Absent controls, a landlord can ask for anything he wants. However, a lease is a contract and NYS law prohibits automatic contract extensions without prior notice of intent to renew. Even if the terms of the lease hadn't changed, your boyfriend defaulted to a month-to-month tenant with the terms of the previous lease.
Posted by: Steve at July 1, 2008 11:15 PM
At the very least he should wait 2 months to pay up the supposed back rent.
Posted by: guest at July 1, 2008 11:54 PM
I believe the landlord is required to notify him of the rent increase 30 days before it would go into effect. Retroactive rent increases would be illegal - unless there was something in the lease about an automatic increase (say %10) at the end of the lease term. Never heard of that in a residential lease though.
Posted by: Heatherie at July 2, 2008 8:52 AM
I believe everyone that said your boyfriend is, by default, on a month-to-month rental upon expiry of the previous lease is correct. The thing is, though, this gives the landlord the right to terminate the rental with 30 days notice if he and his tenant can't come to an agreement with regard to the amount of the monthly rent. If the landlord is hell bent on getting the extra rent he could quite easily circumvent the dubious legality of retroactively charging the increase by revising the requested rent increase upwards by $30/month to recoup the $300 over the next 10 months. Of course, the entire matter is subject to negotiation and in that process both your boyfriend and the landlord will be balancing the financial aspects against the hassle aspects of moving / finding a new tenant. And, yes, absent rent control or stabilization the rent increase can be whatever the landlord thinks the market can bear.
Posted by: johnife at July 2, 2008 9:16 AM
hmmm...if your boyfriend is willing to bear the increase, why doesn't he just tell the landlord that he accepts the increase and will begin paying next month (and he can modify the lease accordingly). i doubt the landlord ever expected to collect the backrent, and they'll be happy he didn't try to negotiate the increase.
Posted by: guest at July 2, 2008 9:41 AM
if i was your boyfriend, I'd just change the effective date of the lease by hand, sign and return.
No conflict necessary.
Posted by: slick at July 2, 2008 2:03 PM
maybe the landlord wants him to leave? communication is always the key to a good relationship.
Posted by: guest at July 2, 2008 9:27 PM
Did the landlord let your boyfriend know of his intentions to raise the rent by $150 once the lease expired? It sounds as though your boyfriend already knew of the increase and just didn't bother to communicate with the landlord about the new lease, just as the landlord was lax about writing up a new one. I still believe, however, that in all decency the landlord should not try to recover the other two months increase and just reflect the new amount in this new lease, and start the new lease term this month ending one year from now with the new rent amount reflected. Hope all works out well for you.
Posted by: fedefedel at July 5, 2008 5:24 PM
Did the landlord let your boyfriend know of his intentions to raise the rent by $150 once the lease expired months ago perhaps? It sounds as though your boyfriend already knew of the increase and just didn't bother to communicate with the landlord about the new lease once the date hit, nor increased his check to him, just as the landlord was lax about writing up a new lease and going forward. I still believe, however, that in all decency the landlord should not try to recover the other two months increase and just reflect the new amount in this new lease, and start the new lease term this month ending one year from now with the new rent amount reflected. Hope all works out well for you.
Posted by: fedefedel at July 5, 2008 5:25 PM
thanks for the responses. So it turns out my BF decided not to send in the increased amount of rent for the two months prior. He has not settled yet on how he is going to deal with signing the new lease. But I agree with 2:03 pm to write in the changes.. I appreciate all the feedback because it's good to know your rights in these kinds of situations.
oh and 8:52 pm, lol. I was joking. But thanks for the good laugh, he appreciated your comment.
Posted by: bodhi_brooklyn at July 6, 2008 11:18 PM
Those who said your BF is now a month to month tenant are correct.
With a lease, the landlord can ask the tenant to vacate upon 30 days notice (and then a 15 day notice of termination).
The lease is a contract. The previous contract expired. Now there are methods in attempt to deal with the circumstance as you describe it.
If principal is the main issue here, then the most prudent thing to do is to hire a good **Landlord/Tenant** attorney and have him deal with it. The cost s/b relatively inexpensive, less than $500.
If cost is an issue, then I suggest this:
Send a check for the rent to the LL for the new rent amount. Wait for this check to be cashed. Then upon the following month send the rent check along with the lease modified with the appropriate dates (that is not including the two "back-dated" months) and signed by your BF.
If the LL calls and ask, "what about the lease". Say, oh I forgot about it, I'll send it with next months check. If he asks about the back-dated differential monies--stall him. Say, you may have it in a month or two, money is tight, or whatever. Don't say this in writing!!!
First, by accepting the first "new" rent check, the LL is accepting the tenancy. Actually this would be the argument at court and is valid. The question would be upon what terms?
Second, the hope here is that the landlord may be neglectful and/or ignorant. a) If neglectful he may not note the date change on the lease and sign it. b) If ignorant, he may be happy to receive the rent in the new amount, along with the *signed* lease securing the additional rent for the duration and sign the lease.
If either a or b, then your BF has no more problem. If/when the LL calls regarding the new rent differential monies, simply explain the law to him (regarding month-to-month tenancy) and leave it at that. Nothing the LL can do really. He could take you to court, but you'd win. You have a signed lease and paid checks. Game over!
Lastly, now, if the LL wanted to be vindictive then he could attempt an eviction. The only valid basis he could bring is "personal use". All LLs have a right to an apartment for personal use. It's the law. The tenant can fight in court where the LL will have to prove that he is going to actually *personally* use the apartment. This happens all the time. It's one method LLs use to clear buildings. Note, LLs most often have better lawyers than tenants. So, wrong often beats right; or more correctly, money most often beats less money.
Secondly, all the above is one big hassle, the simple way is to just talk to the LL. Explain his lapse, explain the law, if he is insistent, then make him an offer. Half would be VERY reasonable.
If face-to-face, or voice-to-voice communication is not preferred, then simply send a letter (or have a lawyer do it) stating the above re the lapse and law, along with a check for HALF. Make sure you state this is in settlement of the matter. Don't forget to sent the *correctly* dated lease.
Often, having a check in hand for some of the money can temper one's demands. Again, he cashes the check, the matter is over, whether he verbally agrees or not. You'll win in court.
Luck!
P.S., forgot one thing, given a) or b) above, the LL could vindictively attempt to *take* the monies he believes is owed when you move, out of the 'security deposit'. Here in NY its traditional to 'live out' your security. That is pay the last month or months of your tenancy with the security deposit. Typically, security deposit consists of one or two months rent. I suggest you act accordingly.
Posted by: guest at July 7, 2008 7:44 PM
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