[emellin33]

I live in New York City in an unregulated apartment. In my case, the landlord has been sending me rent bills after the lease had expired effectively putting me on a month-to-month basis as my rent checks have been accepted each month from July through September. (Lease expired June 30th). I have only now received notice from the landlord that he wishes to offer me a lease renewal, but this is where is gets tricky. The renewal offers me the option to sign a lease with the increased rent effective July 1, 2008 (It's September 10) or vacate the apartment at the end of October. The July 1 date on the lease would mean that once my signature goes on the line, I owe money which I hadn't planned on. Am I stuck? Is this normal? I'd rather not vacate and can certainly afford the increase, but honestly I feel I should only sign a lease from the current date. Any advice would be helpful.

[ScottGem]

The landlord can't backdate a rent increase. He can back date the lease renewal, but not an increase in rent. However, he does have the option of not offering you a renewal and asking you to vacate. So you are kind of caught between a rock and a hard place.

I would try two tacts with him. I would tell him you have no problem backdating the lease, but legally he can't do a retroactive rent increase. If he balks at that, Ask him if you can spread the increase over the remaining part of the lease. For example: if the rent went from $1000 to $1100, You owe an additional $300 ($100 for Jul, Aug and Sep) Ask him if you can pay $1133 ($300/9 mths) for the remainder of the lease.