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M2M rights with a new Lease

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M2M rights with a new Lease

Postby octopusarms » Wed Sep 16, 2015 10:08 am

I've been living in the same apartment in Brooklyn 10 years, and only one of those years (08) did we have a lease. The rent has remained the same since then and I've been m2m. LL just sent me a new lease dated 9/10, to go into effect 10/1, with a 20% increase in rent. (They know we pay on the 15th and already mailed this month's rent). I'm hoping to come to an agreement with them to delay the date of the new rent, and to hopefully get a smaller increase. I do not believe our building is stabilized (less than 6 units, etc.) but I'm not sure if I have any legal rights as a month-to-month tenant. Do I?
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Re: M2M rights with a new Lease

Postby TenantNet » Wed Sep 16, 2015 10:27 am

Go back to your original lease. You might actually put the check in the mail on the 15th, but look at the term on the original lease. Was the rent pid on the 15th applied to a monthly term begining on the 15th of each month and ending on the 14th of the next month, or was it like most people, starting on the 1st of each month.

If this new lease actually does change the term, then explain to the LL the issue. Ask him to continue the 15th to 14th cycle, or credit you with half the month for October.

As for a smaller increase, well, good luck. But since you're not rent stab, you don't have any rights on that.
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Re: M2M rights with a new Lease

Postby octopusarms » Wed Sep 16, 2015 10:50 am

Thanks! The agreement to pay on the 15th was informal and never part of any lease. I guess I'm curious how much notice LL has to give a M2M tenane before increasing the rent on a new lease.
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Re: M2M rights with a new Lease

Postby TenantNet » Wed Sep 16, 2015 12:34 pm

Generally if you never had a lease, it can be seen that the term of the month starts on the first. But it might depend on when you actually moved in and took occupancy. The deadline to pay is one thing. The term that it covers is something else.

Look in the Reference section of this forum. There are some posts on M2M tenants. Generally, for termination, there's a 30 day notice requirement in NYC. That should hold IMHO for changes or rent increases.
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