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Posted by MikeW on September 10, 2001 at 11:48:04:

In Reply to: Stabilized apt vacancy: 2 amounts on lease, which can he charge? posted by Maggie on September 10, 2001 at 11:26:11:

There have been some court cases lately that ruled that even if the LL grants a lower preferential rent, he can go back to the max legal rent on any renewal or vacancy. On a vacancy, the vacancy allowence would be tacked on top of that.

: The lease says the rent for the apartment is $915.00 a month, which is what the occupants pay, however, the "Legal Rent" says $1,086.00. The PREF box is checked off to explain the differential.

: My question is: If those folks move out, can the LL charge the Legal Rent or does he have to use what he actually charged them and add on the vacancy allowance, etc. I ask because there may be a vacancy in the building soon and we may want to switch into it and are curious about what he can charge.

:
: Thanks!

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Comments:
: There have been some court cases lately that ruled that even if the LL grants a lower preferential rent, he can go back to the max legal rent on any renewal or vacancy.  On a vacancy, the vacancy allowence would be tacked on top of that.

: : The lease says the rent for the apartment is $915.00 a month, which is what the occupants pay, however, the "Legal Rent" says $1,086.00.  The PREF box is checked off to explain the differential.

: : My question is: If those folks move out, can the LL charge the Legal Rent or does he have to use what he actually charged them and add on the vacancy allowance, etc.  I ask because there may be a vacancy in the building soon and we may want to switch into it and are curious about what he can charge.

: : 
: : Thanks!


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