How much can

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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