Oswego, NY asked in Landlord - Tenant for New York

Q: Hi, I'm a landlord and I need to increase my tenants rent. I have a month to month agreement. No lease.

I will give them a 90 day notice due to them renting for more than 2 years. If the tenant doesn't agree with the rent increase will I need to give them another 90 day notice or can I use the 90 day rent increase notice as there 90 day eviction ? Thank you

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: When planning to increase rent for tenants who have been renting for more than two years, giving a 90-day notice is a thoughtful approach, respecting both legal requirements and tenant relations. If a tenant disagrees with the rent increase, it's crucial to understand that the notice for a rent increase and an eviction notice serve different purposes under the law.

If a tenant decides not to accept the new rent terms after a 90-day notice period, you cannot automatically use the same notice as grounds for eviction. Instead, the situation might require initiating a separate process if you wish to terminate the tenancy. This process often involves providing a formal eviction notice, adhering to local laws and regulations.

To navigate this scenario smoothly, it's advisable to communicate openly with your tenants about the rent increase and understand their concerns. If eviction becomes a consideration, ensure you're familiar with the legal requirements in your area, as they can vary significantly. Engaging in clear communication and following the proper legal steps will help maintain a professional relationship with your tenants and ensure you're acting within your legal rights.

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