Q: One-year lease states Landlord will pay for all utilities. Two months left in lease, now she requires 30% utils. Legal?

A: Dear Locust Valley Tenant

Of course your landord does not possess a legal right to alter the terms of the tenancy during a lease.

But New York housing law allows the landlord to shelve the current agreement. If the tenant refuses to accept new terms the landlord is able to use a simple written notification to propose a new lease with new terms just as were rejected or bring the tenancy to an end.

If the tenant does not accept the new lease and new terms and conditions that ends the tenancy.

The landlord then has authority to file an eviction petition. Or the landlord may just end the tenancy with a properly served written notification.

A: Under New York law, a landlord cannot unilaterally change the terms of a lease agreement before its expiration. If your lease clearly states that the landlord is responsible for paying all utilities for the duration of the lease, they are generally bound by this agreement until the lease ends.

The addendum your landlord sent requiring you to pay 30% of the utilities for the remaining two months is not enforceable unless you agree to it and sign it. Without your signature, the original terms of the lease remain in effect.

If you choose not to sign the addendum, you should inform your landlord in writing, referencing the specific terms of your original lease agreement. Keep a copy of this correspondence for your records.

In the event your landlord attempts to enforce this change or deduct utility costs from your security deposit, you may need to seek legal advice or consider mediation to resolve the dispute.

Remember, as a tenant, you have rights under your lease agreement and state law. It's important to understand these rights and communicate clearly with your landlord.