Can a landlord keep changing the amount of rent to charge?
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Can a landlord keep changing the amount of rent to charge?
Because of the world we live in. I was forced to take a job making $12,000 less a year. I informed the landlord. He was willing to take weekly payments. Then the window needed replacement, and the pipes broke in the bathroom flooding it and 2 bedrooms. From the window leaks there is a heavy mold smell that is horrible that I guess is coming from the inside of the wall because there is no visible mold on the wall. The landlord as nice as he is keeps changing the amount of money he wants per week. And I was wondering if he can just throw us out? We are working to fix this.
Asked on October 6, 2010 under Real Estate Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If your lease is week to week, the landlord is required to give you one week's notice in writing to change the terms of the lease such as the rent. The landlord would only be required to give you one week's written notice on a week to week lease to terminate the tenancy. If your lease is week to week, you could also terminate the tenancy with one week's written notice.
If your tenancy is month to month, the landlord is required to give you 30 days written notice to change the terms of the lease such as the rent. The landlord would be required to give you 30 days written notice to terminate the tenancy. With a month to month lease, you would also be required to give 30 days written notice to terminate the tenancy.
If it is financially feasible, you may want to negotiate with the landlord to have a month to month lease but in which you could pay 1/4 of the rent per week. That would stop the weekly changes in the rent by the landlord. It would also give you 30 days notice instead of just a week if the landlord terminates the tenancy.
As for the mold odor, in every lease there is an implied warranty of habitability which means that the premises must be in a habitable condition. In order for the premises to be in a habitable condition, the landlord must comply with local and state housing codes. A mold odor would endanger health and safety and would constitute a breach of the implied warranty of habitability. If you sue the landlord for breach of the implied warranty of habitability, you could withhold rent and defend against eviction or if you decide to move out, terminate your obligation to pay rent for the balance of the term of the lease.
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