[Davsang]

Hello,

In the Bronx, NY, I have been a tenant for two years in a 3-family house that has been used for rental by an equities company. In addition to the rent, I pay for all utilities, including water. When I became a tenant, I paid a 45-day security deposit in addition to the first month's rent. All of the transactions were done on receipts, and I have never gotten any "formal docuemtns" about living conditions, tenants/landlord's rights, etc.

Three weeks ago, I received a notice that my rent would be increased by $50, beginning 6/1, due to "an increase in taxes and other expenses." In addition, I have been asked to make a one-time payment for an adjustable increase in the security deposit.

I am resigned to the monthly rent increase, but is this latter request for a security deposit request legal? I would imagine it is, but again, I have never gotten any formal documents related to my living in this place. Also, I have been an excellent tenant, never once paying late and always keeping the apartment where I live in good living condition.

One other point: When I moved into the place in spring, 2006, I was told by the landlord that an open area adjacent to the house and part of the property (there are four such homes strung together and all owned by this equities company) would be restored and made into a combination parking and recreation area. Two years later, that has not happened, the landlord claiming that city ordinances have stymied his attempt to refurbish this area. My contention is that part of the attraction for my wanting to live in this "complex" was the area that I was told would be refurbished. This was not done, and yet this landlord has not only asked for a rent increase but also a security increase?

Any advice/suggestions regarding this unpleasant request for a security increase? Thanks.

[LisaB4657]

The increase in the security deposit to match the increase in rent is legal in most situations. But some states do not permit an increase in the security deposit if the tenant has been living there over a certain period. Tell us where you are located or you can look up your state law by going to the sticky post at the top of the Real Estate Law forum.

[LisaB4657]

I haven't found any laws in NY that limit the amount a landlord may charge as a security deposit or an increase in the security deposit. So most likely the increase is legal.

[Davsang]

Even if there is no formal document on which to base this or other increases?

Would you, "Lisa," suggest one or both of the following two things:

Politely request that the landlord provide formal documentation related to this rental property.

Politely request that the increase in security not be assessed, given my continued good maintenance of the apartment (he has seen it most recently in April) and prompt rental payments.

Finally, if either or both of those ideas don't fly, can I drag out the security payments to say, 10% of the charge per month, meaning the landlord wouldn't receive full payment until 10 months from now?

[ScottGem]

First, please don't edit your original post to add follow-up, this often can confuse matters, just add the additional info in another post.

Most security deposits are equal to a month's rent. So if the rent goes up, its reasonable to get an increase in the deposit. It would be reasonable to request that the payment of the security be spread out. but it would not be reasonable to request it not be assessed. Of course you can ask.

Are you saying you have never been given a lease? You have a right to one and you should demand it from the landlord or management company. As far as the ijmprovements on the adjacent property, do you have any proof of the commitment to improve it?

[Davsang]

As I wrote, the security deposit I paid was for 45 days, not 30, and no, I never was given a lease. I have just the receipts of payment, with the specific information detailed on them, related to the first month's rent and the security deposit. That's it.

Since nothing else is in writing, I have only the "verbal commitment" of this landlord to improve the property by tending to the adjacent area back in 2006, which. As stated, has not been done.

[Fr_Chuck]

Did you sign any lease papers that you were not given a copy of, or is this just a month to month rental ? There can be verbal month to month rentals with no written agreement but then there is little protection for either side on many issues. You can ask for many things, but in the end are you willing to move if you don't get what you want?? You can ask for a written lease and a copy supplied, you can ask to pay the increased deposit over several months, but you need a clear understanding on the deposit amounts and that should be in writing

[Davsang]

No, I signed no papers other than the receipts I have mentioned.

I am very clear about the "deposit amounts" so why do I need them in writing? If this landlord insists on my paying the security increase, I will ask him to sign a receipt similar to the one he signed in 2006, stating the added amount of $$ in the overall security deposit. Also, I will make sure that this additional money stretches out over minimally the next half year, as I am disgusted by his avariciousness, particularly when I pay my own heat, gas, electricity, and hot water. He essentially does nothing but take out and pick up the garbage cans twice a week (and not always) and collects the rents.

[ScottGem]

You are really playing with fire if you don't have lease that specifies your rights and the landlord's responsibilities.