I was under the impression that a lease was binding for the entirety of its duration. I signed a lease for a one-year period wherein I pay $620 per month. The lease is still in effect for another five months. There is no clause in this lease that grants the landlord permission to raise the rent whatsoever. (I've looked it over about four times just to be sure. 
) But after I paid my rent for July, I was sent a notice that my rent would be increasing $45 because someone else was living here with me.
Now, this IS the case. I am the sole tenant as listed on the lease. But since then, a friend of mine has moved in with me. As I understand it (I did a lot of research), the NYS Real Property Law, Article 7, section 235-f, subsection 3 states:
"Any lease or rental agreement for residential premises
entered into by one tenant shall be construed to permit
occupancy by the tenant, immediate family of the tenant, one
additional occupant, and dependent children of the occupant
provided that the tenant or the tenant's spouse occupies the
premises as his primary residence."
And under subsection 1, it defines an "occupant" as:
"... a person, other than a tenant or a
member of a tenant's immediate family, occupying a
premises with the consent of the tenant or tenants."
So she's wrong for two reasons, right? 1. She can't raise rent, because we both signed and agreed to the price of $620/mo. in a lease, and 2. even if she COULD, her reasoning is invalid because NYS law states that my lease is construed to permit occupancy by me AND one additional occupant! Am I wrong?
I paid the extra $45 in August because I didn't know any better, but I did the research since then, and this month I'm sending $575 ($45 less than $620) since she's not entitled to the extra money, right? So everything will balance out to $620/mo. in the long run. $45 extra in Aug., $45 less in Sept.
Please correct me if I'm wrong in my thinking anywhere along the line. Or if I'm somehow misinterpreting the laws. (My major was French and Spanish, not Law. )
) But after I paid my rent for July, I was sent a notice that my rent would be increasing $45 because someone else was living here with me.Now, this IS the case. I am the sole tenant as listed on the lease. But since then, a friend of mine has moved in with me. As I understand it (I did a lot of research), the NYS Real Property Law, Article 7, section 235-f, subsection 3 states:
"Any lease or rental agreement for residential premises
entered into by one tenant shall be construed to permit
occupancy by the tenant, immediate family of the tenant, one
additional occupant, and dependent children of the occupant
provided that the tenant or the tenant's spouse occupies the
premises as his primary residence."
And under subsection 1, it defines an "occupant" as:
"... a person, other than a tenant or a
member of a tenant's immediate family, occupying a
premises with the consent of the tenant or tenants."
So she's wrong for two reasons, right? 1. She can't raise rent, because we both signed and agreed to the price of $620/mo. in a lease, and 2. even if she COULD, her reasoning is invalid because NYS law states that my lease is construed to permit occupancy by me AND one additional occupant! Am I wrong?
I paid the extra $45 in August because I didn't know any better, but I did the research since then, and this month I'm sending $575 ($45 less than $620) since she's not entitled to the extra money, right? So everything will balance out to $620/mo. in the long run. $45 extra in Aug., $45 less in Sept.
Please correct me if I'm wrong in my thinking anywhere along the line. Or if I'm somehow misinterpreting the laws. (My major was French and Spanish, not Law.
)