Posted by marsha scott on December 11, 2001 at 19:03:26:
In Reply to: Re: Rent Increase for Unregulated Apartment posted by consigliere on December 09, 2001 at 18:05:30:
Can anyone tell me what law or regulation states the LL of an unregulated apartment must give 30 days notice prior to raising rent?
: If you pay your rent on a calendar-month basis, a notice that was properly served on December 8th would be effective February 1st.
: On or after February 1st, the landlord can legally go to court to have you evicted, but he'll probably go to housing court before that. You would have to go to housing court and give improper and untimely service as your defense.
: If the landlord eventually serves you properly and timely, a housing court judge could give you up to six months to move. The judge would also have to set a monthly amount for use and occupancy, which you would have to pay while you remain. That amount could be your current rent, the $300 increase, or somewhere in between.
: You should start looking for a new apartment as soon as possible, and you can use the information about market rents to let the judge know if the $300 increase is too high for use and occupancy.
: : I live in a four family private residence in Brooklyn, NY, no lease. I received a notice by mail on 12/8/01 my rent is increased $300.00 effective 1/1/02. All lines of communication with the LL have been closed because of other issues so I had no prior warning of the rent increase. I can't afford the increase and doubt very much I could find either a new apartment or a resonable house to purchase by 1/1. If I do not pay the increase and only pay the current rent until I find something else what could the LL's next step be?
: : As a non-lease renter do I have any options?
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