How much can

UPDATED: Oct 1, 2022

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How much can

how much can a landlord increase the rent on a tenant and how often can a rent increase be done? Is it a percentage or a total amount? Buffalo, NY 14221

Asked on April 10, 2018 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) If you live in a rent-controlled building, when and how much they can increase rent is controlled by your local rent control board; contact that board for information.
2) In a non-rent-controlled building:
a) If you are a residential tenant, they can increase the rent when a still-in-effect written lease expires, or on thirty days notice if you have an oral lease (or a written lease that is specifically a month-to-month tenant). They can get a "reasonable" increase, which is usually up to around 10% per year, though in some cases (such as if you had been getting substantially below market value rent) they can get more (such as to bring the unit up towards or to market rent).
b) If you are a commercial tenant, they can increase the rent as set forth above (or otherwise when a written lease says they can, if the lease sets out some schedule for increases); they can increase it as much as they like (no limitations on commercial tenancies), so long as the lease doesn't limit any increase.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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