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Posted by DK on October 30, 1999 at 20:05:12:

In Reply to: Notice of major rent increase posted by Karen on October 26, 1999 at 09:35:18:

: My landlord gave me verbal notice of a 37% increase in my rent (from $1750 to
: $2400) last week. My lease expired at the end of September and was extended
: for one month to the end of October. She still has my last month's rent and
: security deposit. I understand from someone on this forum that she must
: give me at least 30 days notice from the date of my next rental payment. That
: would mean that I do not have to pay the increase until December. If she
: doesn't give me notice in writing before the 1st of November, do I have an extra
: month? Does she have to give it to me in writing? Also, I don't have a lease.
: Can she lock me out of my apartment? What is my risk? Finally, I am concerned
: that she won't return my security deposit. What can I do?

: P.S. The apartment is a subdivision of her condominium and therefore, is not
: rent stabilized.

You seem to understand the rules. If you do not agree to the rent increase, you can continue to remain as a month to month tenant until you are formally served with a pr
proper notice of termination, at least thirty days before the end of the month.

You cannot be locked out. The landlord must obtain a warrant of eviction from court. The court will give you some time to move, but you may be responsible for paying the market rent for the time from the expiration of the notice of termination until you actually move.

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Comments:
: : My landlord gave me verbal notice of a 37% increase in my rent (from $1750 to 
: : $2400) last week.  My lease expired at the end of September and was extended 
: : for one month to the end of October.  She still has my last month's rent and 
: : security deposit.  I understand from someone on this forum that she must 
: : give me at least 30 days notice from the date of my next rental payment.  That
: : would mean that I do not have to pay the increase until December.  If she 
: : doesn't give me notice in writing before the 1st of November, do I have an extra 
: : month?  Does she have to give it to me in writing?  Also, I don't have a lease.
: : Can she lock me out of my apartment?  What is my risk?  Finally, I am concerned 
: : that she won't return my security deposit.  What can I do?

: : P.S.  The apartment is a subdivision of her condominium and therefore, is not 
: : rent stabilized.

: You seem to understand the rules. If you do not agree to the rent increase, you can continue to remain as a month to month tenant until you are formally served with a pr
: proper notice of termination, at least thirty days before the end of the month. 

: You cannot be locked out. The landlord must obtain a warrant of eviction from court. The court will give you some time to move, but you may be responsible for paying the market rent for the time from the expiration of the notice of termination until you actually move.


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