My girlfriend, in the Borough of Queens in New York City, wants me to move in with her. The landlord says that he will double the rent if I move into the apartment she now occupies by herself. Can he legally do that?
2006-07-07 08:30:06 · 15 answers · asked by Tall Hammer 1 in Politics & Government ➔ Law & Ethics
you'll have to do a little research here
is the rent stabilized? if so, there is a maximum percentage that the rent can be raised.
in Canada, this is the case for any and all rental units. the landlord can only raise the rent a certain percentage of the current rent.
a new room-mate is not a justifiable reason for doubling the rent. unless he is doubling the size of the apartment
2006-07-11 16:14:07 · answer #1 · answered by canadian_beaver_77 4 · 2⤊ 0⤋
I seriously doubt it.
Unless there is a specific clause within her lease which entitled the landlord to such a remedy, he can't do it.
Such a clause would have to be clearly present in the lease in clear language. Basically it would have to say "Rent is $$$$, but if another person moves in permanently it doubles to $$$$."
A clause which says "Rent is $$$$ per person living in the apartment" might also do the trick, but it would also have to be very clearly worded.
More likely, he's claiming that you moving in would be a breach of some existing clause in the lease. In order for it to be such, there would have to be some clause which indicates that the premises are to be used as only a single-person residence, or that no one other than the lessee may occupy the premises permanently.
Even if such a clause IS in your girlfriend's lease, he can't double the rent. What he CAN do is claim you're in breach of the lease, and sue you (or her rather) for the breach. But in that case, he's only going to get monetary damages from her (which will probably be negligible, since you're not really hurting anything) except to the extent that he may claim he would have charged more rent if he knew multiple people would be living there. Then you might have to pay the difference in the worth of the apartment if he knew it would be a place for two people to live versus when he thought only one would live there.
Some other things he CAN'T do (legally) -- he can't evict you (or her). Not until he brings the lawsuit to claim the breach and wins, and even than so long as she keeps paying him the rent she has been no eviction should be possible.
He also can't have you arrested for trespass -- he doesn't own the posessory interest in the apartment anymore (your girlfriend does) and that is required for an action in trespass. If you've got your girlfriend's permission, he can't kick you out.
One side note -- I honestly don't know the answer to this (and sorry, but I'm not looking it up, take too long), but some states DO have criminal statutes against "cohabitation," Basically they're 200 year-old laws against an unmarried man and woman sleeping in the same residence. They're generally totally unenforced, of questionable constitutional validity, and only misdemeanors.
I don't know if NY has one or not. It may, it may not. NC does, and it's constitutionality is still up in the air.
So if NY has a cohabitation law, he could get you arrested (both of you in fact) for that, but I doubt it would happen.
2006-07-07 08:41:18 · answer #2 · answered by DemonOly 2 · 0⤊ 0⤋
In November 2013 your employ is up and that i'd advise you do not signal yet another 365 days. Your Landlord must have advised you that the homestead changed into on the marketplace. even as my tenants moved in they knew the homestead changed into on the marketplace and the employ specifies they should be prepared to have the homestead shown at a 24 hour word. merely double examine the Zillow because they are frequently previous-shaped and get their data incorrect. in accordance to Zillow the homestead I now stay in and performance owned for a 365 days continues to be available and they have the incorrect asking cost on their.
2016-11-01 09:35:49 · answer #3 · answered by bucknor 3 · 0⤊ 0⤋
Read the lease. Is it rent-controlled? If you don't have a lease then yes, he can legally do that since he has notified you prior to raising the rent.
2006-07-07 09:26:42 · answer #4 · answered by Goose&Tonic 6 · 0⤊ 0⤋
Depends on the details of the lease you signed. Leases usually contain some language that addresses this scenario. It might also depend on NY state law to some degree.
2006-07-07 08:43:19 · answer #5 · answered by nfaustman 4 · 0⤊ 0⤋
He can probably legally do that. Maybe have a few more people move in to help pay the rent maybe. Also, you could move to a cheaper place if you choose to.
2006-07-07 08:33:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No, but you can be evicted if there is a provision that you are not to have another adult in the apartment that is not on the lease.
ONLY if its in the lease that your rent will double will she be able to do it.
2006-07-07 08:32:52 · answer #7 · answered by psychstudent 5 · 0⤊ 0⤋
Not if you have a signed lease stating the amount of rent.
2006-07-07 08:33:44 · answer #8 · answered by Salem 5 · 0⤊ 0⤋
Not in my state but you better check with the laws in N Y
Here are a few sites that should help
2006-07-07 08:35:35 · answer #9 · answered by Kookie M 5 · 0⤊ 0⤋
read the lease before moving in
If no lease.. landlord can do whatever they want
2006-07-07 08:33:52 · answer #10 · answered by Mopar Muscle Gal 7 · 0⤊ 0⤋