Posted by Dawn on January 18, 2001 at 11:31:07:
In Reply to: Re: Rent increase mid-lease?? posted by David Zarnitzky on January 14, 2001 at 21:01:50:
If the person in question has a rent stabilized apartment, the lease is in effect, with the current rent until it's up for renewal. The only way I can think of that this adjustment could be made during a lease is when there have been Major Capital Improvements done. (MCI). And even then, it's only up to 6% in any given year, not 7%. Is there anything in writing? Was the person notified by DCHR? Has the landlord given a reason as to why this 7% increase?
: 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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