Another Rent Increase After Accepting Lease Renewal
I am renting the same appartment for 3 years and my lease it up for renewal dec 1st 2007. The property management sent me a lease renewal offer beginning of Oct 2007 with an increase of $125 per month to be accepted or refused by Nov 10 2007. I have accepted to renew the lease. So I signed the offer and send it back together with a $125 check for the security deposit adjustment to the property management by Nov 4. On November 9th I received a letter from the property management together with the check I sent them informing me that due to a change of policy in the way leases are reviewed the renewal offer has been reevaluated and that the new increase will be now $300 per month! They are giving me up to Nov 30th to accept or decline the offer...
Do they have the right to do so? I do not have enough time now to look for another appartment. Can I contest this revised offer?
Re: Lease renewal problem
Had their representative signed the first new lease? The lease renewal term was one year?
Re: Another Rent Increase After Accepting Lease Renewal
No they didn't returned the first offer signed. they only returned the $125 check together with the revised renewal offer. the renewal is for 1 year. Thank you
Re: Another Rent Increase After Accepting Lease Renewal
I believe you can make the case that your acceptance of the offer of a one-year lease term created a valid contract. But the question is raised, what if your landlord doesn't care what you argue, and attempts to terminate your lease or evict you?
Quote:
Quoting New York General Obligations Code, § 5-703. Conveyances and contracts concerning real property required to be in writing.
1. An estate or interest in real property, other than a lease for a term not exceeding one year, or any trust or power, over or concerning real property, or in any manner relating thereto, cannot be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the person creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing. But this subdivision does not affect the power of a testator in the disposition of his real property by will; nor prevent any trust from arising or being extinguished by implication or operation of law, nor any declaration of trust from being proved by a writing subscribed by the person declaring the same.
2. A contract for the leasing for a longer period than one year, or for the sale, of any real property, or an interest therein, is void unless the contract or some note or memorandum thereof, expressing the consideration, is in writing, subscribed by the party to be charged, or by his lawful agent thereunto authorized by writing.
3. A contract to devise real property or establish a trust of real property, or any interest therein or right with reference thereto, is void unless the contract or some note or memorandum thereof is in writing and subscribed by the party to be charged therewith, or by his lawfully authorized agent.
4. Nothing contained in this section abridges the powers of courts of equity to compel the specific performance of agreements in cases of part performance.