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Landlord suddenly changes lease renewal terms

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Landlord suddenly changes lease renewal terms

Postby heftniey » Thu Jun 16, 2022 4:35 pm

A friend has lived in a non-regulated building in NYC for several years.

A few months before their lease expired, their landlord extended a written offer to renew for a $100 increase. My friend accepted the offer in writing, and continued their tenancy.

The landlord did not deliver the paperwork until after the lease expired, and stated the terms will now be for $600 more. Ostensibly, they sat around watching the rental market fluctuate in order to reprice the unit at their discretion.

Does anyone know what the standing precedent in NYC is for this? I am sure this concept was once litigated and there is a court case to cite. I can't imagine it is legal, it would undermine so much contract law in the city. I had my friend contact their local council member's office, but the office/staff is new and inexperienced. They had no idea.
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Re: Landlord suddenly changes lease renewal terms

Postby TenantNet » Thu Jun 16, 2022 5:04 pm

Under rent regulation, a LL may not alter the terms of a lease other than RGB or DHCR orders.

Not the case for unregulated tenants. The lease controls. It might come down to what constitutes and offer and acceptance of a lease. You said both the offer and acceptance was in writing. Now, we're not contract experts, but that seems to be pretty strong even if the lease itself had not been signed.

What council member did yountact? Yes, some are new, but some are also pro-landlord and/or lazy.

But do this, go here: http://www.tenant.net/phpBB3/viewtopic.php?f=5&t=13981
Download part 1, see page 39 (p 8 of the file). At the bottom, see Changes to RPL. LLs must notify tenants based on certain increases and the timing of the notice varies depending how long you've been in occupancy. If they have lived there more than 2 years, then LL must give 90 days notice. Not certain, but probably requires written notice. This could buy you some time.

However I would focus on the offer/acceptance issue.
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