Legal Question in Real Estate Law in New York

As a tenant what are my rights if there is no written agreement?

I rent a room in a 2 bedroom apartment. The rent is $500 a month, utilities included. I pay every two weeks. There is no written agreement.

The landlady said that if I used A/C in the summer, I would have to pay an additional $40 a month. I agreed. In mid-Sept. the landlady complained about the high electricity bill. Even though I had stopped using my A/C, she asked me to keep paying the extra $40 because of my computer and microwave, both of which I had when I moved in. The landlady did not ask the woman renting the other room to pay more.

When the heat was sporadic, I got a heater in early November. Tonight the rent was due. The landlady showed me the high Con Ed bill and asked me to pay an additional $60 immediately. She said pay it or she would ask me to move out. So I gave her the extra $60 to bring the total to $330. ($270 rent +$60.) Then I asked her how much she expected in two weeks. She said she wanted another $330 to pay off the Con Ed bill. At this point I said I was moving out and asked for the $60 back. She refused to return it.

What ate my rights here? A friend said that because there is no written agreement, I don�t have to pay anything at all. Is this true?


Asked on 12/27/02, 9:31 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: As a tenant what are my rights if there is no written agreement?

A month-to-month tenancy requires 30-days notice of increases or lease termination. By paying the increases, you have effectively agreed to them. The landlord also has to make the premises habitable, which includes reasonably adequate heat. Failure to provide reasonable heat (must maintain around 70 degrees, so if you like it warmer, you may have some responsibility for the extra cost). Not having separate meters makes your responsibility for extra utility costs arbitrary. Microwaves and computers add little extra cost, unless you use them extensively. Sounds like you are paying more than your fair share, and you could ask for verification that all extra costs are attributable to you alone. Unless you want to litigate this issue, best thing is to do what you did - quit the tenancy and move elsewhere. On any new lease arrangement, get it in writing and spell out exactly what charges you are responsible for and how they are to be calculated. For example, if utilities are to be allocated among tenants, get your percentage in writing.

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Answered on 12/31/02, 11:59 am


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