How Much Rent Can I Afford Calculator

How Much Rent can I Afford

The first step when renting is to determine how much rent you can afford before starting your search and signing a lease. It’s important to fully understand your take home income from work but more importantly to understand all your monthly expenses including any miscellaneous items and to account for anything that is unplanned.

The first step when renting is to determine how much rent you can afford before starting your search and signing a lease. It’s important to fully understand your take home income from work but more importantly to understand all your monthly expenses including any miscellaneous items and to account for anything that is unplanned.

The first step when renting is to determine how much rent you can afford before starting your search and signing a lease. It’s important to fully understand your take home income from work but more importantly to understand all your monthly expenses including any miscellaneous items and to account for anything that is unplanned.

Rent vs Buy Calculator

Deciding Between Buying and Renting

Should I buy or rent is a common question that people ask themselves often and it can be a hard decision to make. This calculator analyzes specific factors related to renting versus buying a home, such as:

  • The monthly rent vs. monthly mortgages cost
  • Appreciation of a home vs. increase in monthly rental rates
  • The cost of maintenance in an apartment vs. in a home
  • Renter’s insurance costs vs. homeowner’s insurance expenses

From there, the calculator is able to accept specific input from the user, in turn running it through the site’s calculation formulas and providing the user with an instant breakdown of information that will allow him or her to make a more informed decision as to whether renting or buying is the ideal option. Specifically, the results of the calculator will display:

  • The total cost of rent over an equivalent period of a home mortgage repayment term
  • The estimated future home value based on appreciation percentages by the time a mortgage is paid off
  • The down payment to be placed on the home when taking out a mortgage
  • The total home cost over the term of the mortgage itself
Array
(
    [0] => Array
        (
            [condition] => If 20 is less or equal to 15
            [condition_type] => Things
            [title] => Things That Look Good with Your Lease
            [content] => 

Looking good! Your security deposit dollar amount is valid based on New York’s rental laws.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [1] => Array ( [condition] => If 20 is greater than 15 [condition_type] => Recommendations [title] => Recommendations and Actionable Steps [content] =>

It looks like your security deposit is more than one month’s rent.  In New York a landlord can only charge up to one month’s rent for a security deposit.  You may want to dicuss this with your landlord and/or property manager.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [2] => Array ( [condition] => If 19 is yes and 21 is no [condition_type] => Things [title] => Things That Look Good with Your Lease [content] =>

Based on your lease you will need to pay a security deposit since you aren’t required to pay the last month’s rent in advance.  Keep in mind, in New York a landlord can charge you for a security deposit as long as they are not also charging you to pay the last month’s rent in advance.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [3] => Array ( [condition] => If 19 no and 21 is yes [condition_type] => Things [title] => Things That Look Good with Your Lease [content] =>

Based on your lease you may be required to pay the last month’s rent in advance since you are not required to also pay a security deposit. Keep in mind, in New York a landlord cannot charge you for both a security deposit and to pay the last month’s rent in advance.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [4] => Array ( [condition] => If 19 is yes and 21 is yes [condition_type] => Recommendations [title] => Recommendations and Actionable Steps [content] =>

Since you are required to pay a security deposit your landlord cannot also charge you to pay for the last month’s rent in advance.  In New York a landlord cannot ask you to pay a security deposit and to pay the last month’s rent in advance. You may want to dicuss this with your landlord and/or property manager.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [5] => Array ( [condition] => If 10 answer 1 or answer 2 are selected and 19 is yes then 7 days before 12 [condition_type] => Things [title] => [content] =>

Send email notification on this date (7 days before 12)

[email_notification] => yes [email_notification_subject] => Helpful reminder about your security deposit! [email_notification_content] =>

Hi {first_name},

Your lease is set to end on {end_date}.

Based on New York’s rental laws your landlord must provide your security deposit back 14 days from when your lease ends.

This is a good time to let your landlord or property manager know what is a good mailing address for your security deposit return. We have a good email template that you can use for this. Check it out here.

Have a great day!

The Leasefluent Team

) [6] => Array ( [condition] => If 10 answer 1 or answer 2 are selected and 19 is yes then 14 days after 12 [condition_type] => Things [title] => N/A [content] =>

Send email notification on this date (14 days after 12)

[email_notification] => yes [email_notification_subject] => Your lease ended 14 days ago, have you received your security deposit back? [email_notification_content] =>

Hi {first_name},

Today is 14 days from when your previous lease ended. If you moved out and did not renew then you should have received your security deposit back by today.

A few things to keep in mind, if any money was withheld from your security deposit then you should have received an itemized list of all deductions with a cost breakdown for each item by today.

If your landlord doesn’t give you this receipt within 14 days of moving out, then they must return your entire security deposit, whether there is damage or not

If you need help getting back your security deposit or need additional resources please reach out to the Office of the New York State Attorney General Bureau of Consumer Frauds and Protection.

To request help, simply file a rent security complaint form.

You may access this form at formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGRSHome

Have a great day!

The Leasefluent Team

) [7] => Array ( [condition] => If 10 answer 1 or answer 2 are selected and 19 is yes [condition_type] => Insightful [title] => Insightful Tips [content] =>

If your landlord takes any money out of the security deposit for damages, they must provide an itemized “receipt” describing the damage and its cost.  If your landlord doesn’t give you this receipt within 14 days of moving out, then they must return your entire security deposit, whether there is damage or not.

If you need help getting back your security deposit or additional resources please reach out to the Office of the New York State Attorney General Bureau of Consumer Frauds and Protection.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [8] => Array ( [condition] => If 10 answers 3 or 4 are selected and 19 is yes [condition_type] => Insightful [title] => Insightful Tips [content] =>

For rent regulated units, the landlord must return the security deposit to the tenant, less any lawful deduction, at the end of the lease or within reasonable time thereafter, whether or not the tenant asks for its return.  Upon vacating, the tenant should leave the apartment in clean condition, removing all personal belongings and trash from the apartment, and making any minor repairs needed.

To request help, simply file a rent security complaint form with: Office of the New York State Attorney General Bureau of Consumer Frauds and Protection. You may access this form at formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGRSHome.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [9] => Array ( [condition] => If 17 is equal to or greater than 5 days from 16 [condition_type] => Things [title] => Things That Look Good with Your Lease [content] =>

The late fee date in your lease looks good.  In New York, rent can only be considered late if it is received more than five days after its due date.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [10] => Array ( [condition] => If 17 is less than 5 days from 16 [condition_type] => Recommendations [title] => Recommendations and Actionable Steps [content] =>

The late fee date in your lease doesn’t adhere to the rental laws in New York.  Rent can only be considered late if it is received more than five days after it’s due date.   You may want to dicuss this with your landlord and/or property manager.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [11] => Array ( [condition] => If 18 is less than 50 dollars [condition_type] => Things [title] => Things That Look Good with Your Lease [content] =>

Based on New York’s rental laws your late fee amount looks valid. Your Landlord can’t charge you a late fee that is more than $50 or 5% of your rent amount, whichever is less.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [12] => Array ( [condition] => If 18 is less than 5% of 15 [condition_type] => Things [title] => Things That Look Good with Your Lease [content] =>

Based on New York’s rental laws your late fee amount looks valid. Your Landlord can’t charge you a late fee that is more than $50 or 5% of your rent amount, whichever is less.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [13] => Array ( [condition] => If 18 is greater than 50 dollars [condition_type] => Recommendations [title] => Recommendations and Actionable Steps [content] =>

Based on New York’s rental laws it looks like your late fee amount is too much. Your Landlord can’t charge you a late fee that is more than $50 or 5% of your rent amount, whichever is less. You may want to discuss this with your landlord or propery manager.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [14] => Array ( [condition] => If 18 is greater than 5% of 15 [condition_type] => Recommendations [title] => Recommendations and Actionable Steps [content] =>

Based on New York’s rental laws it looks like your late fee amount is too much. Your Landlord can’t charge you a late fee that is more than $50 or 5% of your rent amount, whichever is less. You may want to discuss this with your landlord or propery manager.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [15] => Array ( [condition] => No logic, always show on welcome letter PDF under Insightful Tips section [condition_type] => Insightful [title] => Insightful Tips [content] =>

Here is a helpful tip on late fees.  Your landlord must send you a written notice by certified mail every time you are more than five days late with your rent.  If your landlord fails to provide you with the notice, you can raise this as a defense in court.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [16] => Array ( [condition] => If 34 is no and 29 is less than 20 [condition_type] => Things [title] => Things That Look Good with Your Lease [content] =>

The amount you have to pay for a background and credit check looks good.  In New York, the most you can be charged for a background and credit check is $20.00.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [17] => Array ( [condition] => If 34 is yes and 29 is greater than 20 [condition_type] => Recommendations [title] => Recommendations and Actionable Steps [content] =>

It looks like you were charged too much money for your background and credit check.  In New York, the most you can be charged for a background and credit check is $20.00.

Even though you signed your lease already you may want to bring this up with your landlord and/or property manager but definetely keep this in mind for next time unless the rental laws change.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [18] => Array ( [condition] => If 28 is yes and 34 is yes [condition_type] => Insightful [title] => Insightful Tips [content] =>

For your background/credit check make sure your landlord gives you a copy as well as an invoice from the company that performed it.  Based on New York rental laws they must provide this information otherwise, they can’t charge you for it.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [19] => Array ( [condition] => If 28 is yes and 30 is yes [condition_type] => Recommendations [title] => Recommendations and Actionable Steps [content] =>

It sounds like you have a background/credit check that is less than 30 days old.   In New York you can provide your landlord with this credit and background report to avoid any fees, as long as the background/credit check was done in the past 30 days.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [20] => Array ( [condition] => If 28 is yes and 30 is no [condition_type] => Insightful [title] => Insightful Tips [content] =>

Since your background and credit check is older than 30 days you will need a more recent report.  In New York your landlord can only charge you a $20 fee for the credit and background check.  A helpful reminder for the future, in New York if you had a background and credit check that was less than 30 days old it could have been used to avoid the fee.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [21] => Array ( [condition] => If 23 answer 3 is slected and/or answer 4 is selected and/or answer 5 is selected [condition_type] => Insightful [title] => Insightful Tips [content] =>

It sounds like you plan to pay your rent using one or many of the following options – cash, money order, or cashier’s check.  You should know in New York your landlord must provide you with a receipt if you pay using one of these options.  The receipt must state the payment date, the amount, the period for which the rent was paid, and the apartment number (if living in an apartment).  The receipt must be signed by the person receiving the payment and state his or her title.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [22] => Array ( [condition] => If 23 answer 2 is selected [condition_type] => Insightful [title] => Insightful Tips [content] =>

It sounds like you plan to pay rent by using a personal check.  Keep note, if you pay by personal check you may request a receipt from your landlord.  You only have to ask once. After that, your landlord has to give you a receipt every month.  The receipt must state the payment date, the amount, the period for which the rent was paid, and the apartment number.  The receipt must be signed by the person receiving the payment and state his or her title.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [23] => Array ( [condition] => No logic, always show on welcome letter PDF under Insightful Tips section [condition_type] => Insightful [title] => Insightful Tips [content] =>

If you are planning to move out, you can ask your landlord to inspect the apartment (or rental home or other type of home rental) before you move.  They must allow you to be present during the inspection.  At that inspection, the landlord must tell you what needs to be fixed or cleaned.  You can then take care of the problems yourself to prevent the landlord from keeping part or all of your security deposit.  If your landlord deliberately breaks this law, you may be entitled to up to twice the amount of the security deposit.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [24] => Array ( [condition] => 30 days before 10 (all users receive) [condition_type] => Things [title] => Send email notification on this date (30 days before 10) [content] =>

Send email notification on this date (30 days before 10)

[email_notification] => yes [email_notification_subject] => Helpful moving out reminders! [email_notification_content] =>

Hi {first_name},

Your lease is set to end on {end_date}.
If you are planning to move out, you can ask your landlord to inspect the apartment or rental home before you move. In New York, they must allow you to be present during the inspection. At that inspection, the landlord must tell you what needs to be fixed or cleaned. You can then take care of the problems yourself to prevent the landlord from keeping part or all of your security deposit. If your landlord deliberately breaks this law, you may be entitled to up to twice the amount of the security deposit.

If you need help getting back your security deposit or additional resources please reach out to the Office of the New York State Attorney General Bureau of Consumer Frauds and Protection.

To request help, simply file a rent security complaint form.

You may access this form at formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGRSHome

Have a great day!

The Leasefluent Team

) [25] => Array ( [condition] => If 10 answer 1 or 2 are selected and 13 is answer 3 [condition_type] => Insightful [title] => Insightful Tips [content] =>

Your landlord must give you advanced written notice before they can raise your rent 5% or more.  Since you have lived in the rental for two years or more, or if you have two-year lease, your landlord must provide you with 90 days advanced written notice before raising your rent 5% of more.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [26] => Array ( [condition] => If 10 answer 1 or 2 are selected and 13 is answer 2 [condition_type] => Insightful [title] => Insightful Tips [content] =>

Your landlord must give you advanced written notice before they can raise your rent 5% or more.  Since you have lived in the rental for more than one year but less than two years, your landlord must provide you with 60 days advanced written notice before raising your rent 5% of more.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [27] => Array ( [condition] => If 10 answer 1 or 2 are selected and 13 is answer 1 [condition_type] => Insightful [title] => Insightful Tips [content] =>

Your landlord must give you advanced written notice before they can raise your rent 5% or more.  Since you have lived in the rental for less than one year, your landlord must provide you with 30 days advanced written notice before raising your rent 5% of more.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [28] => Array ( [condition] => If 13 answer 3 selected [condition_type] => Insightful [title] => Insightful Tips [content] =>

Since you’ve lived at your current address for 2 year or more or have a 2 year lease your landlord must provide you with 90 days advance written notice before not renewing.

If your landlord does not provide you with the required written notice, you have the right to remain in the apartment at your current rent until you are given the written notice and the time period that applies to you of 90 days expires.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [29] => Array ( [condition] => 90 days before 12 and if 13 answer 3 selected [condition_type] => Things [title] => Send email notification on this date (90 days before 12) [content] => [email_notification] => yes [email_notification_subject] => Your lease ends in 90 days. Some things to keep in mind. [email_notification_content] =>

Hi {first_name},

Your lease is set to expire in 90 days on {end_date}.

Here is a helpful reminder.

Since you’ve lived at your current address for 2 years or more if your landlord decides not to renew your current lease they must provide you with 90 days advance written notice before not renewing.

If your landlord does not provide you with the required written notice, you have the right to remain in the apartment at your current rent until you are given the written notice and the time period that applies to you of 90 days expires.

Have a great day!

The Leasefluent Team

) [30] => Array ( [condition] => If 13 answer 2 is selected [condition_type] => Insightful [title] => Insightful Tips [content] =>

Since you’ve lived at your current address for more than one year but less than two years your landlord must provide you with 60 days advance written notice before not renewing.

If your landlord does not provide you with the required written notice, you have the right to remain in the apartment at your current rent until you are given the written notice and the time period that applies to you of 60 days expires.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [31] => Array ( [condition] => 60 days before 10 and if 13 answer 2 selected [condition_type] => Things [title] => N/A [content] =>

Send email notification on this date

[email_notification] => yes [email_notification_subject] => Your lease ends in 60 days. Some things to keep in mind. [email_notification_content] =>

Hi {first_name},

Your lease is set to expire in 60 days on {end_date}.

Here is a helpful reminder.

Since you’ve lived at your current address for more than one year but less than two years your landlord must provide 60 days advance written notice before not renewing.

If your landlord does not provide you with the required written notice, you have the right to remain in the apartment at your current rent until you are given the written notice and the time period that applies to you of 60 days expires.

Have a great day!

The Leasefluent Team

) [32] => Array ( [condition] => If 13 answer 1 is selected [condition_type] => Insightful [title] => Insightful Tips [content] =>

Since you’ve lived at your current address for less than one year, your landlord must provide you with 30 days advance written notice before not renewing.

If your landlord does not provide you with the required written notice, you have the right to remain in the apartment at your current rent until you are given the written notice and the time period that applies to you of 30 days expires.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [33] => Array ( [condition] => 30 days before 10 and if 13 answer 1 selected [condition_type] => Things [title] => N/A [content] =>

Send email notification on this date (30 days before 10)

[email_notification] => yes [email_notification_subject] => Your lease ends in 30 days. Some things to keep in mind. [email_notification_content] =>

Hi {first_name},

Your lease is set to expire in 30 days on {end_date}.

Here is a helpful reminder.

Since you’ve lived at your current address for less than one year, your landlord must provide you with 30 days advance written notice before not renewing.

If your landlord does not provide you with the required written notice, you have the right to remain in the apartment at your current rent until you are given the written notice and the time period that applies to you of 30 days expires.

Have a great day!

The Leasefluent Team

) [34] => Array ( [condition] => If 26 is greater than 1 and 27 is yes [condition_type] => Insightful [title] => Insightful Tips [content] =>

It sounds like there is more than 1 tenant on your lease and your lease contains a “joint and several liability” clause.

This means that you share all rights and resposnibilities equally, and if any partner is unable to share in a responsibility, the others become responsible for that parner’s share.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [35] => Array ( [condition] => If 26 is greater than 1 and 27 is no [condition_type] => Insightful [title] => Insightful Tips [content] =>

It sounds like there are more than 1 tenant on your lease and your lease does not contain a “joint and several liability” clause.

This means that you may not share all rights and resposnibilities equally.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [36] => Array ( [condition] => If 10 answer 3 is selected and 9 equals New York City [condition_type] => Things [title] => Insightful Tips [content] =>

Did you know that New York City rent stabilized tenants are entitled to receive a fully executed copy of their signed lease from their landlords within 30 days of the landlord’s receipt of the lease signed by the tenant.  The lease’s beginning and ending dates must be stated. Rent stabilized tenants must also be given a rent stabilization lease rider, prepared by DHCR, which summarizes their rights under the law and provides specific information on how the rent was calculated.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [37] => Array ( [condition] => If 8 is New York [condition_type] => Insightful [title] => Insightful Tips [content] =>

In New York if a lease states that the landlord may recover attorney’s fees and costs incurred, a tenant automatically has a reciprocal right to recover those fees as well.  If the court finds a lease or any lease clause to have been unconscionable at the time it was made, the court may refuse to enforce the lease or the clause in question.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [38] => Array ( [condition] => If 10 answer 3 is selected [condition_type] => Insightful [title] => Insightful Tips [content] =>

In New York rent stabilized tenants have a right to a one or two year renewal lease, which must be on the same terms and conditions as the prior lease, unless a change is mandated by a specific law or regulation.  A landlord’s acceptance of a Section 8 subsidy is one such term which must be continued on a renewal lease.  Landlords may refuse to renew a rent stabilized lease only under certain enumerated circumstances, such as when the tenant is not using the premises as their primary residence.  After the notice of renewal is given, the tenant has 60 days in which to accept.  If the tenant does not accept the renewal offer within the prescribed time, the landlord may refuse to renew the lease and seek to evict the tenant through court proceedings.  If the tenant accepts the renewal offer, the landlord has 30 days to return the fully executed lease to the tenant.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [39] => Array ( [condition] => If 10 answer 3 is selected and 9 equals New York City [condition_type] => Things [title] => Insightful Tips [content] =>

Did you know for New York City rent stabilized tenants, the landlord must give written notice to the tenant of the right to renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease expires.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [40] => Array ( [condition] => If 14 answer 1 is selected and 13 answer 1 is selected and 9 equals New York City [condition_type] => Things [title] => Insightful Tips [content] =>

Your month-to-month tenancy in New York City may be terminated by either party. If the landlord plans to terminate, they must give notice on the same timeline as terminating non-regulated leases.

Since you have lived at your current address for less than one year, your landlord must provide you with 30 days advance written notice before not renewing.

Please note, landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [41] => Array ( [condition] => If 14 answer 1 is selected and 13 answer 2 is selected and 9 equals New York City [condition_type] => Insightful [title] => Insightful Tips [content] =>

Your month-to-month tenancy in New York City may be terminated by either party. If the landlord plans to terminate, they must give notice on the same timeline as terminating non-regulated leases.

Since you have lived at your current address for more than one year but less than two years your landlord must provide you with 60 days advance written notice before not renewing.

Please note, landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [42] => Array ( [condition] => If 14 answer 1 is selected and 13 answer 3 is selected and 9 equals New York City [condition_type] => Insightful [title] => Insightful Tips [content] =>

Your month-to-month tenancy in New York City may be terminated by either party. If the landlord plans to terminate, they must give notice on the same timeline as terminating non-regulated leases.

Since you have live at your current address for 2 year or more or have a 2 year lease your landlord must provide you with 90 days advance written notice before not renewing.

Please note, landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [43] => Array ( [condition] => If 14 answer 1 is selected and 9 does not equal New York City [condition_type] => Insightful [title] => Insightful Tips [content] =>

Non-rent regulated renters who do not have leases and pay rent on a monthly basis are called “month-to-month” tenants.  Tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts a rent payment.

A month-to-month tenancy may be terminated by either party.  If the landlord plans to terminate, they must give notice on specified timelines based on how long you have lived in the rental. If the tenant plans to terminate their tenancy they must give one month’s notice.

Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant.  A landlord may raise the rent of a month-to-month tenant with the consent of the tenant.   If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice.

[email_notification] => no [email_notification_subject] => [email_notification_content] => ) [44] => Array ( [condition] => If 10 answer 3 is selected [condition_type] => Things [title] => Insightful Tips [content] =>

Maximum rent increases for rent stabilized apartments are set each year by local Rent Guidelines Boards.

Landlords are no longer permitted to increase rent in a rent-regulated unit by 20% when it becomes vacant. The related ‘longevity bonus,’ (when the departing tenant has lived in the unit for eight years or more) is also prohibited.

For rent stabilized tenants paying a rent lower than the legal regulated rent (called a preferential rent), the landlord is no longer allowed to revoke it and raise the rent to the higher legal regulated rent. This means that your landlord cannot raise your preferential rent more than the percentage set by the Rent Guidelines Board, plus any charges for MCIs or IAIs if they apply.

The lease should show your legal rent, and if you have a preferential rent, it may be shown in the section of the lease that says: “Lower rent to be charged, if any.”

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Keep in mind, for certain types of building-wide major capital improvements (MCIs) that benefit all of the tenants in a building (such as the replacement of a boiler or plumbing) the landlord may apply to DHCR to increase the rent of their rent stabilized tenants. The amount that a landlord can raise tenants’ rents due to MCIs is now capped at 2% of their current rent per year, and there is no retroactive amount. This cap applies to MCI increases not collected yet that were approved after June 16, 2012. Additionally, MCI increases are now temporary and will be removed from tenants’ rents after 30 years.

MCI increases cannot be added to your rent if there are any “hazardous” or “immediately hazardous” violations at your building. Your landlord must fix these violations before any MCI can be authorized by state regulators.

MCI increases are not permitted if fewer than 35% of the apartments in the building are rent regulated.

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Landlords are permitted to increase rents for improvements made to individual apartments (for example, new flooring, new fixtures or other improvements). Typically, these improvements occur while the unit is vacant, but can also be made in occupied units with written approval from the tenant. To increase the rent because of an IAI, the landlord must take before and after photos, maintain permanent records of the improvement, and submit documentation to the state.

The amount by which the landlord can increase the rent is determined by how much the improvements cost.

• In buildings that contain more than 35 apartments, the landlord can collect a permanent rent increase equal to 1/180th of the cost of the improvement.

• In buildings that contain 35 apartments or less, the landlord may collect a permanent rent increase equal to 1/168th of the cost of the IAI.

Before a landlord can collect a rent increase due to an IAI, they must first fix any “hazardous” or “immediately hazardous” violations in the apartment.

For occupied units, the tenant’s written consent must be on a DHCR form.

The landlord must use licensed contractors not affiliated by common ownership between the contractor and the landlord to perform any work it intends to count as an IAI.

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In the past, landlords could raise rents for rent controlled tenants up to 7.5% every year, in addition to fuel pass-along charges (plus MCI and/or IAI increases).

Now, a landlord is limited to increasing a rent-controlled tenant’s rent by the average of the five most recent Rent Guidelines Board annual rent increases for one-year lease renewals, or 7.5% (whichever is less).

Landlords may no longer charge fuel costs to rent-controlled tenants.

If you believe your landlord is not following the law related to rent increases, you can make a complaint to the New York State Department of Homes and Community Renewal at hcr.ny.gov.

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In New York City and certain communities in Nassau, Rockland, and Westchester counties where rent stabilization or rent control laws apply, the landlord may not charge more than the legal regulated rent. Landlords must register each rent stabilized apartment with the DHCR and provide tenants annually with a copy of the registration statement. Tenants may also get a copy of the rent history for their apartment directly from the DHCR. The tenant may also be entitled to recover interest, plus reasonable costs and attorney’s fees, for overcharges after June 14, 2019.

Generally, the penalty for a rent overcharge is the amount an owner collected above the legal regulated rent, plus accrued interest. If the overcharge is willful, the landlord is liable for a penalty of three times the amount of the overcharge. The landlord has the burden of proving that the overcharge was not willful. Tenants who believe they are being overcharged should contact the DHCR and/or an attorney.

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If the building is sold, the landlord must transfer all security deposits to the new owner within five days or return the security deposits to the tenants. Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner.

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Purchasers of rent stabilized buildings are directly responsible to tenants for the return of security deposits and any interest.  This responsibility exists whether or not the new owner received the security deposits from the former landlord.

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Purchasers of rent controlled buildings or buildings containing six or more apartments where tenants have written leases are directly responsible to tenants for the return of security deposits and interest in cases where the purchaser has “actual knowledge” of the security deposits.  The law defines specifically when a new owner is deemed to have “actual knowledge” of the security deposits

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Tenants in buildings with three or fewer apartments do not have a right to sublet. They can ask the landlord to sublet but the landlord does not have to agree. If the landlord unreasonably withholds their consent to sublet, the tenant’s only remedy is to be let out of their lease after 30 days’ notice to the landlord.

Tenants in buildings with four or more apartments have the right to sublet with the landlord’s advance consent. Any lease provision restricting a tenant’s right to sublease is void as a matter of public policy. If the landlord consents to the sublet, the tenant remains liable to the landlord for the obligations of the lease, including all future rent.

If the landlord denies the sublet on reasonable grounds, the tenant cannot sublet, and the landlord is not required to release the tenant from the lease. If the landlord denies the sublet on unreasonable grounds, the tenant may sublet anyway. If a lawsuit results, the tenant may recover court costs and attorney’s fees if a judge rules that the landlord denied the sublet in bad faith.

These steps must be followed by tenants wishing to sublet:

1. The tenant must send a written request to the landlord by certified mail, return-receipt requested. The request must contain the following information: (a) the length of the sublease; (b) the name, home and business address of the proposed subtenant; (c) the reason for subletting; (d) the tenant’s address during the sublet; (e) the written consent of any co-tenant or guarantor; and (f) a copy of the proposed sublease together with a copy of the tenant’s own lease, if available.

2. Within ten days of mailing this request, the landlord may ask the tenant for additional information. Any request for additional information may not be unduly burdensome.

3. Within 30 days of the mailing of the tenant’s sublet request or within 30 days of the landlord’s request for additional information, whichever is later, the landlord must send the tenant a notice of consent, or if consent is denied, the reasons for denial. A landlord’s failure to send this written notice is considered consent to sublet

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To assign means that the tenant is transferring the entire interest in the apartment lease to someone else and permanently vacating the premises. The right to assign the lease is much more restricted than the right to sublet. A sublet or assignment which does not comply with the law may be grounds for eviction.

A tenant may not assign the lease without the landlord’s written consent. The landlord may withhold consent without cause. If the landlord reasonably refuses consent, the tenant cannot assign and is not entitled to be released from the lease. If the landlord unreasonably refuses consent, the tenant is entitled to be released from the leasewithin 30 days from the date the request was given to the landlord.

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It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant, and the occupant’s dependent children provided the tenant or the tenant’s spouse occupies the premises as their primary residence. When the lease names more than one tenant, these tenants may share their apartment with immediate family; and, if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant. At least one of the tenants named in the lease or that tenant’s spouse must occupy the shared apartment as a primary residence.

A tenant must inform the landlord of the name of any occupant within 30 days of the occupant moving into the apartment or 30 days of a landlord’s request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord’s express consent. Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards.

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If you leave your apartment or other rental home before your lease ends, your landlord must make a good-faith effort to fill the vacancy.  If the landlord finds a new tenant and the new tenant’s rent is equal or higher to your rent, your lease is considered terminated and you are no longer liable for the rent.

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A tenant with a lease is protected from eviction during the lease period so long as the tenant does not violate any substantial provision of the lease or any local housing laws or codes. For both regulated and unregulated apartments, landlords must give formal notice of their intention to obtain legal possession of the apartment.

A tenant should never ignore legal papers; an eviction notice can still be sent if a tenant did not appear in court to answer court papers (petition) sent by the landlord.

Unless the tenant vacates the premises by a specified date after notice from the landlord, the landlord may commence eviction proceedings through: (a) a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent; or (b) a summary holdover proceeding for eviction if a tenant significantly violates a substantial obligation under the lease (such as using the premises for illegal purposes, or committing or permitting a nuisance) or stays beyond the lease term without permission.

Your landlord cannot bring you to court for non-payment of rent unless they have given you a 14-day written “rent demand.”

A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession; and only a sheriff, marshal, or constable can carry out a court ordered warrant to evict a tenant.

Landlords may not take the law into their own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant’s possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat.

When a tenant is evicted the landlord must give the tenant a reasonable amount of time to remove all belongings. The landlord may not retain the tenant’s personal belongings or furniture.

Until you are evicted (i.e. the sheriff or marshal executes a warrant of eviction), you can have your non-payment case dismissed if you pay all rent that is owed. In a non-payment case, you can only be evicted for not paying your rent. You cannot be evicted for non-payment of other fees (such as late fees, legal fees, or any other “added” fee).

If you lose a housing case and the judge orders your eviction, you can ask the court for up to one year to move if you can show that you cannot find a similar apartment in the same neighborhood. It is up to the judge’s discretion. The judge will take into account your health conditions, whether you have children enrolled in school, the hardship on the landlord if you remain, and any other life circumstances that could affect your ability to move. You may be required to continue to pay rent for the months you remain.

New laws strengthen protections for tenants against retaliatory evictions and increase penalties for landlords who illegally lock tenants out of their homes.

A tenant evicted from an apartment in a forcible or unlawful manner can recover triple damages in a legal action against the landlord. Landlords who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant may be entitled to be restored to occupancy.

When facing eviction, it is often a good idea to consult an attorney. There are many free legal service providers across New York State that can represent tenants who qualify for their services. Check lawhelp.org.

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A tenant with a lease is protected from eviction during the lease period so long as the tenant does not violate any substantial provision of the lease or any local housing laws or codes. For both regulated and unregulated apartments, landlords must give formal notice of their intention to obtain legal possession of the apartment.

A tenant should never ignore legal papers; an eviction notice can still be sent if a tenant did not appear in court to answer court papers (petition) sent by the landlord.

Unless the tenant vacates the premises by a specified date after notice from the landlord, the landlord may commence eviction proceedings through: (a) a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent; or (b) a summary holdover proceeding for eviction if a tenant significantly violates a substantial obligation under the lease (such as using the premises for illegal purposes, or committing or permitting a nuisance) or stays beyond the lease term without permission

Landlords of rent regulated apartments may be required to seek approval from DHCR before commencing a court proceeding for possession, for example, if the owner seeks to demolish the building. If a tenant fails to pay rent, is causing a nuisance, damages the apartment or building, or commits other wrongful acts, the owner may proceed directly in court.

A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession; and only a sheriff, marshal, or constable can carry out a court ordered warrant to evict a tenant.

Landlords may not take the law into their own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant’s possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat.

When a tenant is evicted the landlord must give the tenant a reasonable amount of time to remove all belongings. The landlord may not retain the tenant’s personal belongings or furniture.

Until you are evicted (i.e. the sheriff or marshal executes a warrant of eviction), you can have your non-payment case dismissed if you pay all rent that is owed. In a non-payment case, you can only be evicted for not paying your rent. You cannot be evicted for non-payment of other fees (such as late fees, legal fees, or any other “added” fee).

If you lose a housing case and the judge orders your eviction, you can ask the court for up to one year to move if you can show that you cannot find a similar apartment in the same neighborhood. It is up to the judge’s discretion. The judge will take into account your health conditions, whether you have children enrolled in school, the hardship on the landlord if you remain, and any other life circumstances that could affect your ability to move. You may be required to continue to pay rent for the months you remain.

New laws strengthen protections for tenants against retaliatory evictions and increase penalties for landlords who illegally lock tenants out of their homes.

A tenant evicted from an apartment in a forcible or unlawful manner can recover triple damages in a legal action against the landlord. Landlords who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant may be entitled to be restored to occupancy.

When facing eviction, it is often a good idea to consult an attorney. There are many free legal service providers across New York State that can represent tenants who qualify for their services. Check lawhelp.org.

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Since you live in New York City, keep in mind additional rules apply in certain situations concerning evictions. In New York City, a landlord may not evict a tenant in a rent stabilized apartment for purposes of owner occupancy if the tenant or the spouse of the tenant is a senior citizen, is living with a disability, or has been a tenant in an apartment for 15 years or more, unless the landlord provides an equivalent or superior apartment at the same or lower rent in a nearby area.

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In rent controlled apartments statewide and in rent stabilized apartments outside New York City, a landlord may not evict a senior citizen, a person living with a disability, or any person who has been living in the apartment for 15 years or more for purposes of owner occupancy.

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A tenant with a lease is protected from eviction during the lease period so long as the tenant does not violate any substantial provision of the lease or any local housing laws or codes. For both regulated and unregulated apartments, landlords must give formal notice of their intention to obtain legal possession of the apartment.

A tenant should never ignore legal papers; an eviction notice can still be sent if a tenant did not appear in court to answer court papers (petition) sent by the landlord.

Unless the tenant vacates the premises by a specified date after notice from the landlord, the landlord may commence eviction proceedings through: (a) a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent; or (b) a summary holdover proceeding for eviction if a tenant significantly violates a substantial obligation under the lease (such as using the premises for illegal purposes, or committing or permitting a nuisance) or stays beyond the lease term without permission

Landlords of rent regulated apartments may be required to seek approval from DHCR before commencing a court proceeding for possession, for example, if the owner seeks to demolish the building. If a tenant fails to pay rent, is causing a nuisance, damages the apartment or building, or commits other wrongful acts, the owner may proceed directly in court.

A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession; and only a sheriff, marshal, or constable can carry out a court ordered warrant to evict a tenant.

Landlords may not take the law into their own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant’s possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat.

When a tenant is evicted the landlord must give the tenant a reasonable amount of time to remove all belongings. The landlord may not retain the tenant’s personal belongings or furniture.

Until you are evicted (i.e. the sheriff or marshal executes a warrant of eviction), you can have your non-payment case dismissed if you pay all rent that is owed. In a non-payment case, you can only be evicted for not paying your rent. You cannot be evicted for non-payment of other fees (such as late fees, legal fees, or any other “added” fee).

If you lose a housing case and the judge orders your eviction, you can ask the court for up to one year to move if you can show that you cannot find a similar apartment in the same neighborhood. It is up to the judge’s discretion. The judge will take into account your health conditions, whether you have children enrolled in school, the hardship on the landlord if you remain, and any other life circumstances that could affect your ability to move.

A tenant evicted from an apartment in a forcible or unlawful manner can recover triple damages in a legal action against the landlord. Landlords who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant may be entitled to be restored to occupancy.

In rent controlled apartments statewide and in rent-stabilized apartments outside New York City, a landlord may not evict a senior citizen, a person living with a disability, or any person who has been living in the apartment for 15 years or more for purposes of owner occupancy

When facing eviction, it is often a good idea to consult an attorney. There are many free legal service providers across New York State that can represent tenants who qualify for their services. Check lawhelp.org.

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Under the warranty of habitability, tenants have the right to a livable, safe and sanitary apartment, a right that is implied in every written or oral residential lease. Any lease provision that waives this right is contrary to public policy and is therefore void. Examples of a breach of this warranty include the failure to provide heat or hot water on a regular basis, or the failure to rid an apartment of an insect infestation.

Any uninhabitable condition caused by the tenant or persons under the tenant’s direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the tenant’s responsibility to remedy the condition.

If a landlord breaches the warranty of habitability, the tenant may sue for a rent reduction.

A landlord’s liability for damages is limited when the failure to provide services is the result of a union-wide building workers’ strike. However, a court may award damages to a tenant equal to a share of the landlord’s net savings because of the strike. Landlords will be liable for lack of services caused by a strike when they have not made a good faith attempt, where practicable, to provide services. In extenuating circumstances, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs and copies of all communications with the landlord about the repairs.

If an apartment becomes uninhabitable due to fire or other damage not caused by the tenant, and the lease does not expressly provide otherwise, the tenant may vacate the apartment and cancel the lease. The tenant will not be liable for subsequent rental payments. The landlord shall be responsible to refund any rent paid in advance as well as any rent security held by the landlord

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Under the warranty of habitability, tenants have the right to a livable, safe and sanitary apartment, a right that is implied in every written or oral residential lease. Any lease provision that waives this right is contrary to public policy and is therefore void. Examples of a breach of this warranty include the failure to provide heat or hot water on a regular basis, or the failure to rid an apartment of an insect infestation.

Any uninhabitable condition caused by the tenant or persons under the tenant’s direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the tenant’s responsibility to remedy the condition.

Rent regulated tenants can also file a rent reduction complaint with DHCR. Before filing such a complaint with DHCR for breach of the warranty, the tenant must communicate in writing with the landlord about the problem. A complaint may only be filed with DHCR not less than 10 days and not more than 60 days from the date the tenant sent a notice to the landlord. The tenant may also withhold rent, but in response, the landlord may sue the tenant for nonpayment of rent. In such case, the tenant may countersue for breach of the warranty. The court or DHCR may grant a rent reduction if it finds that the landlord violated the warranty of habitability. The reduction is computed by subtracting from the actual rent the estimated value of the apartment without the essential services. For a tenant to receive a reduction, the landlord must have actual or constructive notice of the existence of the defective condition.

A landlord’s liability for damages is limited when the failure to provide services is the result of a union-wide building workers’ strike. However, a court may award damages to a tenant equal to a share of the landlord’s net savings because of the strike. Landlords will be liable for lack of services caused by a strike when they have not made a good faith attempt, where practicable, to provide services. In extenuating circumstances, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs and copies of all communications with the landlord about the repairs.

If an apartment becomes uninhabitable due to fire or other damage not caused by the tenant, and the lease does not expressly provide otherwise, the tenant may vacate the apartment and cancel the lease. The tenant will not be liable for subsequent rental payments. The landlord shall be responsible to refund any rent paid in advance as well as any rent security held by the landlord. Rent stabilized and rent controlled tenants may apply to DHCR to have an order issued reducing their rent obligation to $1 to maintain a possessory interest in the apartment until it become habitable again. If only a portion of the apartment is damaged, the rent maybe reduced pursuant to a court order or by DHCR in proportion to the part of the apartment that is damaged. The landlord must then repair those
portions of the apartment and return them to livable condition

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