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Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7414
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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My lease is ending aug15 th my husband and I have been

Customer Question

my lease is ending aug15 th my husband and I have been renting in long island ny for 1 yr paying $3500 a month for a single family home , we are renewing our lease and i found out my LL never applied for a permit , now she wants to raise the rent 3800 and last month rent upfront-- and only offer us a 9 month lease , she wants to leave her car parked in driveway and she put in the lease she can come get it as needed with out notice, and she plans on applying for a rental permit... its all so confusing ! I need help what are my rights
JA: How much notice was given before the effective date of the rent increase?
Customer: 30 days
JA: Anything else you want the lawyer to know before I connect you?
Customer: just what i wrote
Submitted: 2 months ago.
Category: Landlord-Tenant
Customer: replied 2 months ago.
She also wants us to pay for maintenance on the ac unit , oil burner and sprinkler system
Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 2 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  TJ, Esq. replied 2 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

It's lawful for the landlord to change the terms of the lease once the lease expires. In other words, there is no legal obligation to keep the terms of the lease the same as in the past once the lease expires. Of course, this means that you also have the option to refuse, make a counteroffer, etc. You could theoretically tell the landlord that you will not only not pay $3800, but you won't even pay $3500 anymore, and that the most you will pay after August 15th is $3000. Of course, if you and the landlord cannot agree on rent (and other terms), then you will need to move, and the landlord will need to find a new tenant who will accept her seemingly unreasonable terms.

As for the lack of a permit, that may only apply to buildings with multiple dwellings, and not a single family house for one family. However, if you tell me exactly the town in Long Island, I may be able to find more. Information on that if you'd like.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Customer: replied 2 months ago.
My issue is really she increased the rent and i live in the village of belle terre in long island ny - she failed to apply for a renters permit after I lived there for 1 year - and now she i requiring we do all the maintenance on the ac unit , oil burner and sprinkler system . Is that legal?
Customer: replied 2 months ago.
my issue is NOT that she increased the rent is the new terms with leaving her car in driveway and the fact i paid her for one year with out a renters permit
Customer: replied 2 months ago.
your answer is much appreciated but really didn't answer what i needed .... i am very concerned this is an illegal dwelling. and now she is making a higher rent with theses added fees and her car in driveway
Expert:  Irwin Law replied 2 months ago.

The lack of the permit does not make the dwelling illegal. It might subject your landlady to a fine from the city, but it doesn't affect your right to rent it from her, and the city cannot fine you for doing so. As far as you doing the maintenance and her being able to park in the driveway, those are open to negotiation. If you insist that she must leave those items out of the lease, then she has the choice of continuing to insist on those provisions, or dropping them. If she insists, then you have the choice of either accepting the new terms, or finding someplace to move to before August 15.

I hope that this information has been helpful to you. If so, a 5 star rating is hoped for. Please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

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