Q: Can a landlord increase rent without written notice even if the lease is oral monthly
Lease expired after first year of living in building. I've lived there for 3 years as an oral month to month agreement. The landlord claims because of the water bill the rent is increasing. They're responsible for water on the prior lease and the notice was over text not written.
A:
In your case, the landlord needs to provide 90 days written notice before increasing the rent in the month-to-month tenancy, you are living under. Here are some of the rules and laws relevant to your situation along with analysis and citations to statutes etc.
In New York State, landlords are required to provide written notice before increasing the rent in a month-to-month tenancy. The amount of notice required depends on the length of the tenant's occupancy:
1. **Less than One Year**: If the tenant has lived in the rental unit for less than one year and does not have a lease term of at least one year, the landlord must provide at least 30 days' written notice before increasing the rent.
2. **One Year or More but Less than Two Years**: If the tenant has lived in the rental unit for one year or more but less than two years, or has a lease term of at least one year but less than two years, the landlord must provide at least 60 days' written notice before increasing the rent.
3. **Two Years or More**: If the tenant has lived in the rental unit for two years or more, or has a lease term of at least two years, the landlord must provide at least 90 days' written notice before increasing the rent. This is the case in your situation.
### Key Points to Remember
- **Written Notice**: The notice must be in writing and should clearly state the new rent amount and the date when the increase will take effect.
- **Delivery of Notice**: The notice should be delivered in a manner that ensures the tenant receives it, such as by hand delivery or certified mail.
- **Rent Stabilized Units**: If the rental unit is subject to rent stabilization or rent control, additional rules and regulations may apply, including limits on the amount of rent increase and specific notice requirements.
### Legal References
- **New York Real Property Law (RPL) § 232-a**: This section outlines the notice requirements for terminating a month-to-month tenancy, which also apply to rent increases.
- **Housing Stability and Tenant Protection Act of 2019 (HSTPA)**: This act introduced several tenant protections, including the extended notice periods for rent increases.
### Steps for Tenants
1. **Review the Notice**: Carefully review the written notice to ensure it complies with the required notice period based on your length of occupancy.
2. **Seek Clarification**: If you have any questions or concerns about the rent increase, consider discussing them with your landlord.
3. **Legal Advice**: If you believe the notice is not compliant with the law or if you have other concerns, seek legal advice from a tenant advocacy organization or an attorney.
By following these guidelines, both landlords and tenants can ensure that rent increases are handled in accordance with New York State law.
Aubrey C. Galloway III, Esq.
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