Tenant Rights Over Rent Hikes, Repairs, and Landlord Entry
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 29, 2026
Legal Inquiry
Consumer Legal Issue
Landlord/Tenant issue. Month to month. Resident 3-4 years. Landlord lives upstairs but we share a hallway at the stair landing at the front door to the house and they have a room they use, across from my kitchen, for walk in closet. Landlord repeatedly entered my kitchen. Rent raised via text message from 2400 to 2500 with threat of having to pay full utility bill because utility bill went up. Bill went up because heating in apartment is insufficient and requires use of space heaters. The windows turned out to be broken the and unable to fully close. I moved in during summer and didn't realize. Sealed the windows as best as possible. Also there is a hole in the brick wall behind the fireplace that I asked to get fixed and it never was, so there would have been a draught anyways I think. Landlord says the apartment will be remodeled after I vacate. Apartment possibly illegal but haven't had time to investigate. They had a zoning sign in the front of the building last year but moved it to the side. There have never been any town inspectors here. Also we have had a rat problem off and on over the last year or 2. Questions.
Attorney Answer
You haven't yet confirmed whether you have a written lease or only an oral month-to-month arrangement, so here is guidance for either. Nothing in your response established which applies, so both possibilities matter until you check your own paperwork.
Under Real Property Law § 226-c(1), the written-notice rule is triggered only by a rent increase of five percent or more, or by a landlord who does not intend to renew the tenancy. Your increase is $2,400 to $2,500 — about 4.2% — so it falls under that threshold, and § 226-c does not require 90 days' notice for this particular increase. Do not withhold the extra $100 on the strength of that statute; a tenant who does can be sued for nonpayment. What § 226-c does give you, because you have occupied the apartment for more than two years, is 90 days' advance written notice under § 226-c(2) before your landlord may decline to renew your tenancy — including if the landlord responds to your turning down the increase by trying to end it — and the same 90 days would apply to any future increase of five percent or more, which from $2,400 means $2,520 or higher. Section 226-c also provides that if the landlord fails to give timely notice, your tenancy continues on its existing terms until written notice is actually given and the notice period runs out. These rules apply whether your tenancy is an oral month-to-month arrangement or a written lease. On a month-to-month tenancy you are also not bound by new terms you never agreed to: if you decline the increase, the landlord's route is that 90-day non-renewal notice and a holdover proceeding, not a text message. Separately, your landlord remains responsible for functioning heat and a habitable dwelling under Real Property Law § 235-b's implied warranty of habitability, regardless of the resulting utility bill. The landlord's repeated, unannounced entry into the area you use as a kitchen raises a real access and privacy concern; outside New York City, entry-notice practice is less formally codified, but landlords are still expected to give reasonable notice absent an emergency. The possible lack of a valid certificate of occupancy is a genuine concern too, generally addressed through local zoning and code enforcement.
What you can do:
1. Confirm whether any written lease exists; either way, your 3-4 years of occupancy entitle you to 90 days' written notice under § 226-c(2) before a non-renewal or before an increase of five percent or more.
2. Document the windows, wall hole, rat problem, and heating issues in writing and photos.
3. Send a written complaint by certified mail addressing repairs, entry, and whether you accept the rent increase.
4. Contact your town's code enforcement office about the possible certificate-of-occupancy issue and consult a local housing attorney.
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Frequently Asked Questions
Can a landlord raise rent by text message with little notice?
Generally, many states require a landlord to give a minimum written notice period before a significant rent increase, particularly for longer-term tenants, and informal notice like a text may not satisfy that requirement.
What are a tenant's rights when a landlord repeatedly enters without permission?
In many states, landlords must give reasonable notice before entering a rental unit except in emergencies, and repeated unannounced entry can be addressed with a written complaint or, in serious cases, legal action.
What can a tenant do about unresolved habitability issues like drafts, pests, or broken windows?
Generally, landlords have an implied duty to maintain a habitable rental, and tenants can document conditions in writing, request repairs formally, and contact local code enforcement if the landlord doesn't respond.
