If my lease ended and my landlord accepted the same rent amount after that but now wants to increase my rent, can the increase be made retroactively?

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If my lease ended and my landlord accepted the same rent amount after that but now wants to increase my rent, can the increase be made retroactively?

I have been residing in my apartment for over a year. My lease has ended at the end of april. During that time my apartment building was bought and is managed by a different management company. I have since paid that new management company $2800 for may and june which they have accepted. Before my lease ended rent was $2800 a month. The landlord has recently sent a new lease agreement that is backdated for may, with an increase in rent of $200, which brings the rent to $3000 a month. Obviously they are trying to get me to pay for the 2 months were they have already accepted my money and have me pay $3000 going forward. They say that I am in holdover lease and not month to month.

Asked on July 1, 2015 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Right, and a holdover pays the same rent as they did until a new pease if offered and the new lease starts from the new date it is signed, not a back dated date. I would tell them you have no problem with the increase starting July 1.  It will cost them more to get you out than the $400. 


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