[badboymagnet]

I have had numerous landlords in my lifetime with all of them the same. They abide by the laws for tenant and landlord. Especially when they have a tenant that pays on time and respects their property. I am currently renting from a landlord that has never been a landlord and seems to think that "making up the rules along the way" is okay. For example. She bought the place before the closing and had it rented to me before any repairs, painting etc. was done. I did not realize this until after the lease was signed and money was exchanged. The nice person I am I brought in contractor friends that helped speed up the repairs (electrical, sheetrock, fencing etc.) thinking that I would be compensated somewhere. In the meantime the landlords were painting a small bathroom and average bedroom that took them 6 months to do. I wish I would have found this website to ask if I could have legally broke the lease because I was not compensated for my "free" help. I did sign a one year lease but after a year decided to go to a month to month after realizing this "landlord" has no clue what she is doing. She has another tenant also (she rented out the townhouse next to me that she owned for years), so we searched the internet and printed out a guideline for her regarding tenant/landlord laws and sent it certified mail.. This was not easy considering laws are different state to state, county to county etc. I live in New York. Her understanding, as a landlord regarding repairs means that since her and her husband (the maintanence man) both retired in there mid 60's will do all the repair work themselves but their tenants must except the fact that a one day job will be a 2 week job. The certified letter clearly stated the tenant law in making repairs in a timely manner and cannot disrupt a tenants life. I know these people mean well. I also know that landlords in NY can legally raise the rent 25 percent every year. The landlord is holding me to everything in the first year lease that I signed even though it's coming up to 3 years as a verbal month to month. Is this true? She claims that the first year lease signed carries over year to year until I move out. The repair work these old farts do is "home depot want to be contractors" and they start the repair and a year later it is still not done, unless I have it done myself knowing they will not compensate. ANYONE out there no the law on this one? The rent is being raised again and I would rather teach my landlord how to be a landlord as opposed to moving again... this meaning I don't have a problem with a rent increase for the place I was promised 2 years ago. Thank You for any HELP!!

[ScottGem]

First, the landlord is correct. When an original lease goes month to month the terms of the original lease remain in effect except for rental and expiration.

But you are correct that repairs have to be done in a timely manner. But they don't have to compensate you for anything you do voluntarily.

BTW where do you get the 25% figure? That's way above cost of living.

[Fr_Chuck]

If you went to the landlord and said, I will do some of this work for **** dollars off the rent or something like that, and they said yes, that is great, and what you needed to do.
But if I had a renter just do repairs around the place, no I don't pay them for that, that was their choice and done without talking to me.

Your idea of a timely manner and thiers may be different, and in the end a judge will decide if you break the lease. Also it depends on what repairs, painting a wall is not a required as a water leak may be.

And they are correct, the lease terms are still in effect, merely there is no time requirement other than normally either a 30 or 60 day notice.

Also did you not do a walk though, and if you did, repairs and the time frame for them needed to be in writing, if not you are normally at their mercy.

To be frank they sound like more normal landlords,

[badboymagnet]

First, the landlord is correct. When an original lease goes month to month the terms of the original lease remain in effect except for rental and expiration.

But you are correct that repairs have to be done in a timely manner. But they don't have to compensate you for anything you do voluntarily.

BTW where do you get the 25% figure? Thats way above cost of living.

Thanks for the response. I have been told by a few people that landlords can legally raise the rent 25 percent per year. Is this not true?

[ScottGem]

I don't know whether its true or not, but I would doubt it. That just sounds way too high. If the cost of living is only increaing by single digits, them a 25% increase seems way out of line.

[badboymagnet]

I don't know whether its true or not, but I would doubt it. That just sounds way too high. If the cost of living is only increaing by single digits, them a 25% increase seems way out of line.

I have always questioned that increase considering the repair issue I have going on. I know I loose in compensation and the landlord wins with a great tenant, but would you know of anything I can approach her on legally regarding the rent increase and unfinished repairs?

[badboymagnet]

If you went to the landlord and said, I will do some of this work for **** dollars off the rent or something like that, and they said yes, that is great, and what you needed to do.
But if I had a renter just do repairs around the place, no I don't pay them for that, that was thier choice and done without talking to me.

Your idea of a timely manner and thiers may be different, and in the end a judge will decide if you break the lease. Also it depends on what repairs, painting a wall is not a required as a water leak may be.

And they are correct, the lease terms are still in effect, merely there is no time requirement other than normally either a 30 or 60 day notice.

Also did you not do a walk though, and if you did, repairs and the time frame for them needed to be in writing, if not you are normally at thier mercy.

To be frank they sound like more normal landlords,

Yes, there was a walk through with the landlords pointing out what was going to be done. This is when I found out they didn't legally own the place yet. SO, them being first time landlords I was at their mercy to tolerate repairs, painting, replacement rugs etc. while living there. This wasn't a problem until I found out they did all the work themselves, at their age with not a lot of skills.

[this8384]

Thanx for the response. I have been told by a few people that landlords can legally raise the rent 25 percent per year. Is this not true?

If you have a signed lease which clearly states that you will pay X amount of dollars per month for X amount of months, your landlord is not legally allowed to raise your rent during that time. However, a lot of shady landlords try anyway; my cousin was renting once and her landlord upped their rent by $50 a month because her roommate had gotten a dog - they paid it because they didn't know any better.

In most cases, a landlord is required to give you 30 days notice of a rent increase; if you cannot afford it, then you give the landlord your 30 day notice that you'll be moving.

[badboymagnet]

If you have a signed lease which clearly states that you will pay X amount of dollars per month for X amount of months, your landlord is not legally allowed to raise your rent during that time. However, a lot of shady landlords try anyway; my cousin was renting once and her landlord upped their rent by $50 a month because her roommate had gotten a dog - they paid it because they didn't know any better.

In most cases, a landlord is required to give you 30 days notice of a rent increase; if you cannot afford it, then you give the landlord your 30 day notice that you'll be moving.

Thank You for your response... One thing I'm confused about is that Scottgem informed me that the first year lease I signed is carried over year to year until I move out. The second year they basically crossed out the rent fee from the previous year lease, hand wrote the new price, made a copy and sent it to me. I'm assuming the landlord can't just pick what they want to abide by in the first year lease, which in certain circumstances has been the case. Would this qualify as the landlord breaking the contract? They did inform me that the rent will increase but that's when I went to a month to month not knowing that the original lease holds up until I move. I know I can sign a new lease that I'm happier with but as I said, they don't know how to be a landlord and I don't want to be stuck for another year or deal with any court battles in the end. This original lease makes no sense to me and sounds like it's more for the landlord to take advantage of profit wise. I believe everyone knows how bad the economy is and it's so lovely when she tells me she's raising the rent again and in the same breath brags about the beautiful new bathroom she just put in her house (you should see my bathroom). Nice landlord huh? If anyone could tell me what qualifies as a slumlord I would appreciate any opinions.

[JudyKayTee]

Thank You for your response....One thing I'm confused about is that Scottgem informed me that the first year lease I signed is carried over year to year until I move out. The second year they basically crossed out the the rent fee from the previous year lease, hand wrote the new price, made a copy and sent it to me. I'm assuming the landlord can't just pick and choose what they want to abide by in the first year lease, which in certain circumstances has been the case. Would this qualify as the landlord breaking the contract? They did inform me that the rent will increase but that's when I went to a month to month not knowing that the orginal lease holds up until I move. I know I can sign a new lease that I'm happier with but as I said, they don't know how to be a landlord and I don't want to be stuck for another year or deal with any court battles in the end. This orginal lease makes no sense to me and sounds like it's more for the landlord to take advantage of profit wise. I believe everyone knows how bad the economy is and it's so lovely when she tells me she's raising the rent again and in the same breath brags about the beautiful new bathroom she just put in her house (you should see my bathroom). Nice landlord huh? If anyone could tell me what qualifies as a slumlord I would appreciate any opinions.

I can't speak for Scott but I think he was talking about a lease expiring, no conversation, no change in terms, tenant goes month to month under conditions/terms of lease. You don't have that - you have a landlord who presented you with a new lease or agreement or change in the old lease and you consented to it (apparently because you're still there).

She is raising the rent because the cost of owning property and living has gone up for her, just like it's gone up for you. Or maybe she's trying to drive you out. Or maybe she's crazy.

I've had tenants complain about minimal rent increases when taxes and insurance went up because I was driving a new car. One had nothing to do with the other.

Another reason no one should sign any papers without having someone, preferably an Attorney, review them.

As far as slumlords - if the property is in violation of housing codes, call and report it.

[ScottGem]

When a lease expires and the tenancy continues, all the terms of the original lease EXCEPT rental and term remain in affect unless a new lease is agreed on. So, for example, if the lease says you have use of a common backyard, you will continue to have use of that backyard. If the landlord tries to keep you using the backyard, they would be in violation of the lease.

[this8384]

I think the confusion lies in the fact that the original lease expired. The landlord then had an obligation to give the OP a (depending on their state)30 day notice of rent increase. If the landlord mailed the new lease agreement with the new amount and the OP didn't contest it, then in my opinion, the landlord is allowed to collect the higher amount for rent.

[JudyKayTee]

I think the confusion lies in the fact that the original lease expired. The landlord then had an obligation to give the OP a (depending on their state)30 day notice of rent increase. If the landlord mailed the new lease agreement with the new amount and the OP didn't contest it, then in my opinion, the landlord is allowed to collect the higher amount for rent.

Agreed, and I think the tenant agreed to/ratified the new rental agreement by paying rent at the new rate.

[badboymagnet]

I can't speak for Scott but I think he was talking about a lease expiring, no conversation, no change in terms, tenant goes month to month under conditions/terms of lease. You don't have that - you have a landlord who presented you with a new lease or agreement or change in the old lease and you consented to it (apparently because you're still there).

She is raising the rent because the cost of owning property and living has gone up for her, just like it's gone up for you. Or maybe she's trying to drive you out. Or maybe she's crazy.

I've had tenants complain about minimal rent increases when taxes and insurance went up because I was driving a new car. One had nothing to do with the other.

Another reason no one should sign any papers without having someone, preferably an Attorney, review them.

As far as slumlords - if the property is in violation of housing codes, call and report it.

Thanks for your advice Judy. You pointed out a couple interesting things that I can work with. I did confront the landlord regarding : "Are you trying to push me out", which she responded that she was not because I am an excellent tenant. Now if I can get her to treat me as well as I treat her we will be good to go. And YES I think she's either crazy or going senile.
When I found they hadn't had the closing before I moved in I guess a zoning inspector comes in to check for any violations. They passed, but when I brought in my contractor friends to help speed up repairs they pointed out a few violations and just immediately fixed the problem for my safety. As I said, I've never dealt with a landlord like this so this didn't register until now. Then I found out that the landlords knew this inspector very well so it was a case of "its not what you know its who you know" so I'm assuming this is how they passed. Now that I am aware of this should I present a list of violations I am aware of to the landlord? My friends didn't fix everything because they couldn't believe they didn't kindly compensate me for all the money I saved them. I think she knows that she can kick me out if I'm forcing her to make necessary repairs, but I also think she knows that once I leave I will report her to the Health Department and she'll have to make the repairs either way. So, if I'm an excellent tenant hopefully she will do the right thing. I understand cost of living going up, therefore rent increases. I live in an independently owned townhouse on a couple blocks of all townhouses. They were all just recently assessed for the same price (which the landlord is pissed about). I know my neighbors well enough to know that all the owners pay the same taxes, insurance etc. but I seem to be paying 50-100 dollars more a month for one of the dumpiest townhouses in the surrounding area. I don't want to come across as a nagging tenant. I just don't feel its right for a landlord to disregard a tenants comfort and safety for an investment that's no more than a new bathroom etc. for them. Thanks to everyone's responses and I'm sure I'll be "nagging" somemore with hopefully a Happy Ending :)

[JudyKayTee]

Thanx for your advice Judy. You pointed out a couple interesting things that I can work with. I did confront the landlord regarding : "Are you trying to push me out", which she responded that she was not because I am an excellent tenant. Now if I can get her to treat me as well as I treat her we will be good to go. And YES I think shes either crazy or going senile.
When I found they hadn't had the closing before I moved in I guess a zoning inspector comes in to check for any violations. They passed, but when I brought in my contractor friends to help speed up repairs they pointed out a few violations and just immediately fixed the problem for my safety. As I said, I've never dealt with a landlord like this so this didn't register until now. Then I found out that the landlords knew this inspector very well so it was a case of "its not what you know its who you know" so I'm assuming this is how they passed. Now that I am aware of this should I present a list of violations I am aware of to the landlord? My friends didn't fix everything because they couldn't believe they didn't kindly compensate me for all the money I saved them. I think she knows that she can kick me out if I'm forcing her to make necessary repairs, but I also think she knows that once I leave I will report her to the Health Department and she'll have to make the repairs either way. So, if I'm an excellent tenant hopefully she will do the right thing. I understand cost of living going up, therefore rent increases. I live in an independantly owned townhouse on a couple blocks of all townhouses. They were all just recently assessed for the same price (which the landlord is pissed about). I know my neighbors well enough to know that all the owners pay the same taxes, insurance etc. but I seem to be paying 50-100 dollars more a month for one of the dumpiest townhouses in the surrounding area. I don't want to come across as a nagging tenant. I just don't feel its right for a landlord to disregard a tenants comfort and safety for an investment thats no more than a new bathroom etc. for them. Thanx to everyones responses and I'm sure I'll be "nagging" somemore with hopefully a Happy Ending :)

You've got your head on straight, you make good cases/arguments, you know what you're talking about so I'd approach her and see how she responds.

I hope you come back and let us know what happens, how it works out - for that matter, come back and join in on this thread! We have tenants/landlords - always two different points of view, you learn, you teach, you learn something.

[badboymagnet]

You've got your head on straight, you make good cases/arguments, you know what you're talking about so I'd approach her and see how she responds.

I hope you come back and let us know what happens, how it works out - for that matter, come back and join in on this thread! We have tenants/landlords - always two different points of view, you learn, you teach, you learn something.

Thank You for the compliment Judy and Thank You for the advice. The one thing this landlord is always on time for is collecting the rent so I take the 30-31 days to find the correct "tenant rights" to professionally approach her. This thread has been very helpful to me as a tenant and hope it helps any landlord or future landlord that wants to do right by their investment. I will continue to post progress reports and no doubt be asking for more advice. Who knows, maybe my landlord will come across this thread:eek: