Legal Question in Real Estate Law in New York
Potentially illegal raising of my rent
I have subletted a room in my apartment for a year. When the lease came up for renewal and my old roommates were leaving, I couldn't sign the lease b/c of uncertainty of where I would be living this fall. I found a roommate on the net to take over the lease--at a rent $50 higher. Things didn't go as planned, and she broke the lease a week ago. The landlord offered me the chance to take the lease, and I grabbed it this time, knowing i would be in NYC for another few years. My dad and I submitted all of the information asked for, and entered this agreement to take over the lease at the same rent (a higher rent was never mentioned as a condition). Today, we got the good news about taking over the lease and apartment, but only at it's ''new'' market value,of $450 more rent per month. We feel like we're being blackmailed--if my roommate didn't break the lease, I would be paying the same rent--but I really would like to keep the apartment. I've renovated it, and made it my own. Are his actions legal? Can a landlord offer you an apartment at it's initial below market rate, and then raise the rent by $450 once the credit, salary, and background checks are complete?
2 Answers from Attorneys
Re: Potentially illegal raising of my rent
If you had an agreement with the landlord to renew the lease for a sum certain and you signed the agreement based on the amount he represnted to you, you can move the court to enforce that agreemnt. If there is an writing between you about the apartment rental for that sum certain, you may move the court to enforce the agreement.
You would be bringing an Order to Show Cause in the County where the apartment is located asking to enfoce the lease agreement
Re: Potentially illegal raising of my rent
Your failure to timely renew your lease and your negotiation for another for the apartment, appears to have effected a terminattion of your tenancy, and your rights, and title under thereunder.
Reccommend that you argue for the rent your "subtenant" was going to pay and the advantage to having a "good tenant" with no major changes to the building atomsphere; and hope LL buys it.
Also, check with the Rent Stablization Board Rules and Agency before attempting court action. You may have some protection against the increase that is enforceable in Court, under these circumstances, but it is not a sure thing.
Good luck,
Phroska L. McAlister,ESQ
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