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Posted by David Zarnitzky on January 14, 2001 at 21:01:50:

In Reply to: Re: Rent increase mid-lease?? posted by chelsea on January 14, 2001 at 17:48:46:

I actually just looked at my friend's lease - and his apt is rent stabilized.

There is a clause in the lease that says:

If this Lease is for a Rent Stabilized apartment, the rent herein shall be adjusted up or down during the Lease term, including retroactively, to conform to the Rent Guildines.

But that looks to me like it can be changed if the rent level is OFFICIALLY changed ...

: Not a dumb question. These days, you don't know what they're going to try. I'm not a lawyer, but it is my understanding that rent cannot be increased mid-lease, even if it's not rent-regulated. The lease is still a binding contract. Your friend should look into whether the apartment is subject to rent stabilization, however.

:
: : This may seem like a dumb question, and the answer seems very obvious - but I thought I'd double check.

: : A friend of mine is renting an apartment in Manhatten. Has been there since September.

: : He has a lease.

: : Nothing has changed (such as # of people living there, improvements to the building, etc..)

: : I do not believe his apartment is rent controled or rent stabalized.

: : His landlord came to him yesterday and told him that she is raising his rent 7% .. starting NOW ... in the middle of the lease.

: : I am going to double check - but I do not believe there is any clause in the lease that says she can do so.

: : Call me crazy - but there is NO way she can do this? Am I right?

: : Thanks.

Follow Ups:

• Re: Rent increase mid-lease?? Dawn 01/18/01 (0)

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Comments:
: I actually just looked at my friend's lease - and his apt is rent stabilized.

: There is a clause in the lease that says:

: If this Lease is for a Rent Stabilized apartment, the rent herein shall be adjusted up or down during the Lease term, including retroactively, to conform to the Rent Guildines.

: But that looks to me like it can be changed if the rent level is OFFICIALLY changed ...



: : Not a dumb question.  These days, you don't know what they're going to try.  I'm not a lawyer, but it is my understanding that rent cannot be increased mid-lease, even if it's not rent-regulated.  The lease is still a binding contract.  Your friend should look into whether the apartment is subject to rent stabilization, however.   

: 
: : 
: : : This may seem like a dumb question, and the answer seems very obvious - but I thought I'd double check.

: : : A friend of mine is renting an apartment in Manhatten. Has been there since September.

: : : He has a lease.

: : : Nothing has changed (such as # of people living there, improvements to the building, etc..)

: : : I do not believe his apartment is rent controled or rent stabalized.

: : : His landlord came to him yesterday and told him that she is raising his rent 7% .. starting NOW ... in the middle of the lease.

: : : I am going to double check - but I do not believe there is any clause in the lease that says she can do so.

: : : Call me crazy - but there is NO way she can do this? Am I right?

: : : Thanks.


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