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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10600
Experience:  Commercial and residential leases in NY & NJ & US
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We in a new, built 14 months ago, received a 39 day notice

Customer Question

We in a new , built 14 months ago, received a 39 day notice regarding a rent increase. In addition ,Devon Managment wants $445.00 payment to bring our security account up to the new security level. How can they ask for additional monies for the last 14 months when our lease agreement was for $815 per month.5.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: New York state
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No mention of that in notifacation letter
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can thing of.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 5 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

What was the term of the lease you signed? If it expired how long ago did it expire? Is your unit subject to rent control or rent stabilization?

Customer: replied 5 months ago.
Original lease and second lease for 1 year. Last lease was signed for year 2017.Signed in Nov. 2016 No rent control or stabilization.
Expert:  Richard - Bizlaw replied 5 months ago.

Your rent cannot be increased during the term of the lease. They cannot impose a rent increase until your lease expires in November 2017 and they want to do a new lease. If they had put an increase in the security deposit as a result of an increase in rent in your lease that you just signed in November 2016, they would be entitled to do that. However they cannot impose a new condition on the lease once it is signed. For this reason, the demand for an increase in the security deposit is also not lawful.

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