Brooklyn, NY asked in Real Estate Law for New York

Q: Can a landlord retroactively ask for more rent? They've cashed my checks for 13 months, but there's no lease.

LL offered me a rent for the forthcoming year. I said "no, that's far too much, i'm willing to pay X-$300, because subway is closing". They didn't respond, we did not sign the new lease, and I continued living this way for 13 months now (with zero emails between us). They now suddenly came back and said "hey you owe us all that difference, 300x13". They accepted all my checks and i have emails that say the money went to them successfully (paid using their own website).

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: They cannot get that money having accepted your checks, but you are month to month and can be evicted any time.

1 user found this answer helpful

David Lacher
David Lacher
Answered
  • New Rochelle, NY
  • Licensed in New York

A: There is no legal basis for you to have to pay back rent above what you paid and what was accepted for all that time. However, without a lease, you can be evicted on 30-days’ notice.

1 user found this answer helpful

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