f you are a commercial tenant the rights that you negotiate into your lease are important to protect your interests, your business, and the entire term of your lease. Below are some tips to help you. This is not intended to provide legal advice on your specific situation, but to guide you as a commercial tenant. To get help from a free high-quality attorney register at www.nyc.gov/commlease.
WHAT SHOULD YOU DO IF YOU RECEIVE A NOTICE FROM THE LANDLORD INCREASING RENT
Read the notice.
If necessary, dispute the notice in writing stating something like, “I dispute the validity, accuracy or enforceability of this notice dated [00/00/0000] and the demands made in this notice are unenforceable, inaccurate, invalid and or erroneous.”
Look for these types of provisions in your lease:
- Lease Term and Rent: The base rent and timeline sections of your lease should state the rent amount. The landlord cannot change this amount unless the lease allows or your lease has expired and there is a new amount due for staying beyond your rental period.
- Rental Adjustment and Additional Rent: This section of your lease may state whether the landlord is allowed to raise your rent for charges other than the based rent, for example, taxes.
- Renewal Option: Check to see any changes to your rent if you renew your lease.
Ask for help! If you need assistance speaking with your landlord, or you are having difficulty
understanding your lease, or have an oral lease, or have another question about your lease, contact us
WHAT SHOULD YOU NOT DO?
DO NOT Sign and return the notice.
DO NOT Pay the increased rent amount without reviewing your lease and seeking assistance. DO NOT Pay the increased rent amount if you have not signed a renewal lease.
DO NOT Ignore the notice.