Q: I am moving into an apartment on 15 February in New York City. Can the landlord charge me from 1 February?
I currently live in Boston, I didn’t even look at the apartment until 4 February. I just got my lease after asking for it for three straight days and they’re charging me from the first. Is this legal?
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A: In New York City, a landlord can technically charge rent from the 1st of February if that's what your lease agreement stipulates, regardless of your move-in date being the 15th of February. However, lease terms, including the start date of your tenancy and when rent is due, should be clearly outlined and agreed upon by both parties before signing. If you did not agree to this arrangement prior to signing the lease or if the lease was provided to you with these terms without prior discussion, it might be considered unfair. You should discuss this discrepancy with your landlord and attempt to negotiate terms that reflect your actual move-in date. If the landlord insists on charging from the 1st without prior agreement, you may want to seek legal advice to understand your rights and options under New York tenant law.
Steven Warren Smollens agrees with this answer
A:
Dear new New York Tenant:
New York residential leases do not necessarily require the lease term commencement date to coincide with the day the landlord will allow you to occupy the apartment. If you accepted a lease and a rental period starting on February 1 with an occupancy date of February 15th, New York State housing law is not offended by you agreeing to those terms.
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