Can a Landlord Increase Rent if the Spouse of a Tenant Moves In
My question involves landlord-tenant law in the State of: New York.
I was recently married and I moved in with my spouse and their roommate, both of whom are named on the lease of a two-bedroom apartment in a non-rent controlled 3 apartment house. The apartment is definitely not above board, as it is a finished basement, there is one mailbox, rent is paid in cash, the landlord enters the apartment to collect rent, and so on. The landlord is a difficult person, and has been obnoxious and abusive over the phone.
The landlord discovered that I lived in the apartment soon after I moved in because my spouse called them to notify them of sewage backing up into our shower whenever an upstairs apartment flushed. His immediate reaction was that I was not supposed to be living there, and that it was a violation of the lease (the template of our lease is here: https://www.blumberglegalforms.com/Forms/186.pdf). Our toilet did not flush, so our entire bathroom was inoperable. My spouse called on a Sunday night informing the landlord that we required an emergency plumber to fix an ongoing sewage backup. The landlord replied that "his guy" would arrive the next day at noon, presumably after the upstairs neighbors used the facilities in the morning. We stated that this would be unacceptable, as it represented an ongoing risk to health and property (every flush upstairs = more sewage), and the landlord consented to our calling a 24/7 plumber after a long conversation. Our plumber came and cleared the main sewer line at our own expense, which fixed the problem temporarily. The next morning the problem returned, and following our call the landlord sent a plumber who cleaned the line running from the main line to our toilet, fixing the problem. The plumber said that it was a "muck stoppage," and that it was due to normal use over time. My first question is whether our expenses are reimbursable, and if so, what might be the best way to get the landlord to pay. Second, I am wondering if he can make me leave the apartment, or take any action against my wife or her roommate.
A few days after the landlord found out that I live in the apartment we received a new lease, which reflected an 8% increase in rent ($150). My wife and her roommate previously agreed to let the landlord know if they were interested in staying at the end of this month, so dropping off the lease is ahead of schedule and unusual. Is this increase enough to make a case for retaliation, discrimination due to marital status or harassment?
I'm interested and grateful for any advice on this, especially if there are issues or considerations I'm not seeing. We'd like to stay in the place for another year, want to be reimbursed, and don't want to pay rent, and it would be good to know what options we've got.
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Edit - We do want to pay rent. We just don't want to pay $150 more than we're paying now.
Re: Can a Landlord Increase Rent if the Spouse of a Tenant Moves In
You have not told us anything about the present lease term. If this is a month-to-month tenancy and the unit is not rent-controlled, the landlord can increase the rent on one rental period's notice. Is this a month-to-month tenancy, or is this a lease for a term that has not yet expired?
You can try having the plumber document for you that the plumbing problems were caused by ordinary build-up over time, not by anything out-of-the-ordinary that you introduced to the plumbing, such that the clean-out would constitute ordinary wear-and-tear. Once that is documented to the landlord, you can ask him to reimburse the expense and see what he says.
Re: Can a Landlord Increase Rent if the Spouse of a Tenant Moves In
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NYrenter
A few days after the landlord found out that I live in the apartment we received a new lease, which reflected an 8% increase in rent ($150). My wife and her roommate previously agreed to let the landlord know if they were interested in staying at the end of this month,
That leads me to conclude that your current lease expires at the end of this month.
If that's the case (and the apartment isn't rent controlled) then the landlord is free to raise the rent as he sees fit.
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NYrenter
Is this increase enough to make a case for retaliation, discrimination due to marital status or harassment?
No, it's not retaliation, discrimination due to marital status or harassment.
And, by the way, all your other complaints about the place boil down to this. If you don't like the condition, status, or term, then find another place to live.
Re: Can a Landlord Increase Rent if the Spouse of a Tenant Moves In
Thank you for replies. The lease expires on 21 January. Also, the plumbers did document the ordinary wear and tear.
I understand that a landlord can ordinarily raise rent however much they want, but I question the raise immediately after finding out another person is in the apartment. Is there a reason why this behavior is not improper? For instance, it a rent raise only seen as a problem if it gets to a certain threshold? A 100% increase would be a problem, right?
In my humble experience, "if you don't like it you can leave" is how bullies negotiate, especially when there is a temper tantrum. It tells me a person does not have a rational point to make, and thinks the world must be a certain way only because they want it to be so. It is also a self-defeating strategy that will make people reject offers that they might otherwise accept out of spite. For instance, if we had a positive relationship with our landlord and utilities or market rates went up, $150 might be bearable, or we might negotiate to something less. Of course we can leave, and leaving is something we are considering because the landlord is openly disrespectful and unscrupulous. I am not familiar with landlord-tenant issues because all of my previous experiences have been positive, hence my post. What I want to avoid is allowing the landlord to get his way with bad behavior, leaving us with moving expenses and rights/remedies that weren't exercised.
Re: Can a Landlord Increase Rent if the Spouse of a Tenant Moves In
It's the landlord's property. You can follow his rules or leave. That's not "bullying", that's negotiation from a position of power. :encouragement:
Re: Can a Landlord Increase Rent if the Spouse of a Tenant Moves In
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NYrenter
I understand that a landlord can ordinarily raise rent however much they want, but I question the raise immediately after finding out another person is in the apartment. Is there a reason why this behavior is not improper?
Some leases specifically provide for a rent increase if the number of occupants increases. If yours is silent on the issue, having a spouse move in shouldn't be grounds for a rent increase, although the rent can be increased when the present lease term ends.
Re: Can a Landlord Increase Rent if the Spouse of a Tenant Moves In
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NYrenter
The lease expires on 21 January.
OK, then, he's offered you a new lease effective 21 January at an increased rent. Nothing wrong, illegal, improper, or discriminatory about that. It's just business.
And, frankly, I don't see why a landlord shouldn't get an increase when the occupancy of the dwelling is increased by another 50%.
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NYrenter
I understand that a landlord can ordinarily raise rent however much they want, but I question the raise immediately after finding out another person is in the apartment. Is there a reason why this behavior is not improper?
Doesn't have to be. Improper is in the eye of the beholder. As long as there is no law prohibiting it, then it's proper.
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NYrenter
For instance, it a rent raise only seen as a problem if it gets to a certain threshold? A 100% increase would be a problem, right?
Obviously a problem for the tenant, but not the landlord. If a landlord wants to double the rent and play chicken with his tenant, that's his business. As I noted before, the tenant is free to move out.
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NYrenter
In my humble experience, "if you don't like it you can leave" is how bullies negotiate, especially when there is a temper tantrum. It tells me a person does not have a rational point to make, and thinks the world must be a certain way only because they want it to be so. It is also a self-defeating strategy that will make people reject offers that they might otherwise accept out of spite. For instance, if we had a positive relationship with our landlord and utilities or market rates went up, $150 might be bearable, or we might negotiate to something less. Of course we can leave, and leaving is something we are considering because the landlord is openly disrespectful and unscrupulous. I am not familiar with landlord-tenant issues because all of my previous experiences have been positive, hence my post. What I want to avoid is allowing the landlord to get his way with bad behavior, leaving us with moving expenses and rights/remedies that weren't exercised.
You're entitled to your opinion but that's not the real world. You already have complaints about the landlord and the conditions of the rental. The landlord has no legal obligations to change. Unless, of course, you want to report an illegal basement apartment to the city building department. And if you do that the city might put you out if it's illegal.
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BooRennie
It's the landlord's property. You can follow his rules or leave. That's not "bullying", that's negotiation from a position of power. :encouragement:
Agree.
And the tenant's power is in his feet.
Whining about the rent increase isn't going to change it.
Give the landlord notice that it's not acceptable and you'll be moving out by January 21. That's your negotiating strategy. Maybe he'll change his tune if he's faced with trying to rent the place after you move. If he comes back with a better offer then you can ask for other concessions.
That's how you negotiate.
And I can tell you one thing from a former landlord's point of view. It's a lot easier keeping a tenant that's working out than trying to find another that one knows nothing about.
Re: Can a Landlord Increase Rent if the Spouse of a Tenant Moves In
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NYrenter
A 100% increase would be a problem, right?
not unless you are in a rent controlled or rent stabilized apartment
Re: Can a Landlord Increase Rent if the Spouse of a Tenant Moves In
I'd definitely believe it was just business if there wasn't such an overblown reaction to the plumbing and occupancy issues a few days earlier. Also, I get that a lot of people think that more people should mean more rent, but in New York that doesn't look like the case with a family member. I'm sure different states have different laws - especially when we're talking about subletting or taking on a non-family roommate. My question is about whether the laws on the books apply to my situation in my state.
Regarding New York State Law:
Retaliation by Landlord: http://codes.lp.findlaw.com/nycode/RPP/7/223-b
Renter's Rights: http://www.ag.ny.gov/sites/default/f...ights_2011.pdf (pp. 13 for apartment sharing, pp. 27 for discrimination)
Human Rights Law covering a laundry list of discrimination/marital status issues: http://www.dhr.ny.gov/sites/default/files/doc/hrl.pdf
Re: Can a Landlord Increase Rent if the Spouse of a Tenant Moves In
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NYrenter
I'd definitely believe it was just business if there wasn't such an overblown reaction to the plumbing and occupancy issues a few days earlier. Also, I get that a lot of people think that more people should mean more rent, but in New York that doesn't look like the case with a family member.
We're not talking about a situation where the landlord is trying to terminate the tenancy based upon the tenant's marriage, the birth of a child, or a spouse or stepchildren moving into the unit.
As I previously indicated,
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Mr. Knowitall
Some leases specifically provide for a rent increase if the number of occupants increases. If yours is silent on the issue, having a spouse move in shouldn't be grounds for a rent increase, although the rent can be increased when the present lease term ends.
You have indicated to us that your lease does not provide for a rent increase based upon the introduction of an occupant.