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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 44549
Experience:  Attorney over 17 years, landlord 26 years
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Can you raise the rental amount from $450.00 monthly to

Customer Question

can you raise the rental amount from $450.00 monthly to $600.00 a month with a month to month tenant?
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: there is no lease. prior to moving in, the tenants where aware there was no refridgerator nor stove in the residence, we gave them a fridge to use and there was a stove outside the residence that the tenants where told they could use if it worked, and if not they woyuld have to provide one for themselves. they agreed, now they are saying we are responsible to provide them with a working stove even though one was not IN the rental property when they moved in
JA: Anything else you want the lawyer to know before I connect you?
Customer: the tenant is my husbands ex wife, they have three children in common, with one living in the residence with the tenant. prior to moving in the tenant was told that there was items left from previous tenants that needed to be removed. the tenant wrote me a message via facebook messenger explaining that she would take care of the left behind items on the property, but is now claiming that she can withhold rent if the stuff isn't removed from the property. she also claims that because the tenant and my husband (her ex husband/landlord) have children together that we cannot evict her due to my husband and her having children in common. I basically need to know what my obligations are as a landlord, if raising the rent from $450.00 to $600.00 monthly is legal, etc...
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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What city is this in?

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And is this a single house, apartment, condo, townhouse.?

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thanks

Barrister

Customer: replied 8 months ago.
this is in the little town of rossie New York, this is a mobile home on an acre of private property
Expert:  barristerinky replied 8 months ago.

Ok, then you aren't under any rent control laws and you can raise the rent as much as you want to as long as you give at least 30 days notice prior to any increase taking effect. So if rent has been paid for this month, if you give written notice now, it would kick in for a rent increase May 1.

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And no, there is no law that says she can withhold rent if you haven't removed items that were there... she took the place in its "as is" condition when she moved in..

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And if you never agreed to supply appliances as part of the lease, you just let her use whatever is there as a favor, you have no duty to replace them.

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And she is most definitely wrong that you can't evict her due to the children... She is a tenant, just like any other tenant and has no special privileges simply because she is the ex with kids.

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She is making all of this up to make you think she is the one in control here..

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thanks

Barrister

Customer: replied 8 months ago.
thank you, ***** ***** have written proof via face book messenger that she was told PRIOR to moving in that we would need to remove trash, take care of the lawn, etc.. before we could rent it out, she replied with I will take care of it and clean it for the security deposit. so we did not charge her the security deposit due to this agreement. is there a website I can print the laws that pertain to my specific situation to send to her? or to have as a reference for the future? thanks so much for your help!!!!
Expert:  barristerinky replied 8 months ago.

You are very welcome..

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Then she has zero grounds to complain at all about anything left on the property.

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This is the best, ***** ***** site there is on NY landlord laws: NY Landlordology

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thanks

Barrister

Expert:  barristerinky replied 8 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister