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Posted by DK on September 02, 1999 at 22:19:51:

In Reply to: Back rent where annual increase not reflected in monthly rents posted by Alan on September 02, 1999 at 18:14:25:

: Where (a) the landlord increased the rent effective March, 1999, (b) the landlord has accepted the old amount of rent through August rent, and (c) the landlord has included the increase
: for the prior months in September's rent bill, are the renters liable to the landlord for the increases which were not billed since it accepted the monthly payments by the renters?

: Thanks.

The landlord can still collect the arrears unless you can show that there was an agreement to accept a smaller amount. In New York, cashing the check does not prove an agreement to accept a smaller amount.

If this went on for a long period of time, you might argue "laches" that is, that you were prejudiced by the landlord's delay in asking for the full lease amount. Even if you establish that you were prejudiced by the delay, most often the Housing Courts still allow the landlord to obtain a judgment for the extra amount. The judgment can be enforced by attaching your bank account or garnishing your salary, but cannot be enforced through eviction.

In view of the landlord's delay, you might ask for additional time to make the back payments.

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Comments:
: : Where (a) the landlord increased the rent effective March, 1999, (b) the landlord has accepted the old amount of rent through August rent, and (c) the landlord has included the increase
: : for the prior months in September's rent bill, are the renters liable to the landlord for the increases which were not billed since it accepted the monthly payments by the renters?

: : Thanks.

: The landlord can still collect the arrears unless you can show that there was an agreement to accept a smaller amount. In New York, cashing the check does not prove an agreement to accept a smaller amount. 

: If this went on for a long period of time, you might argue "laches" that is, that you were prejudiced by the landlord's delay in asking for the full lease amount. Even if you establish that you were prejudiced by the delay, most often the Housing Courts still allow the landlord to obtain a judgment for the extra amount. The judgment can be enforced by attaching your bank account or garnishing your salary, but cannot be enforced through eviction.

: In view of the landlord's delay, you might ask for additional time to make the back payments.


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