Alter Commercial Lease Notice

Aug 6th, 2022
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How to Alter Commercial Lease Notice

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The Landlord and Tenant Act 1954, or the 54 Act, grants commercial tenants the right to remain in their premises even after the lease term ends, specifically for business use and not for residential tenancies. If a landlord wishes to retain control and prevent renewal rights for the tenant, both parties can agree to contract out of these rights. This process requires a specific procedure: the landlord must serve a notice to the tenant, the tenant needs to swear a declaration, and the lease must include appropriate wording. When a lease has contracted out of the 54 Act, specific conditions apply regarding its conclusion.

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Specifically, each year the NYC Rent Guideline Board sets a cap on how much a landlord may increase your rent annually. In June of 2022, the board set a 3.25% increase for one-year lease agreements and a 5% increase for a two-year lease agreement.
Lease terms can not be changed to reflect market practice. But, if there are good grounds and it is fair and reasonable in the particular circumstances, the courts are willing to change the lease terms.
advance written notice. This applies to month-to-month tenants without a lease as well. If you have lived in your apartment two years or more, or if you have a two-year lease, your landlord must provide you with 90 days advance written notice before raising your rent or not renewing your lease.
Landlord may increase rent once every 12 months, limited to 3% of the current rent, or the regional Consumer Price Index (CPI), whichever is higher. Rent increases are expressly subject to the provisions of AB 1482 California Tenant Protections Act (Cal. Civ.
If your tenant pays their rent monthly or weekly you must give at least one months notice of a proposed rent increase. However, it is good practice to give them two months so they have more time to find another home if they feel the increase is too high.
To clarify; when leases refer to improvements or alterations to the flat, it generally refers to such things as moving or removing walls, moving or installing a bathroom or kitchen in another part of the property or making any kind of structural alterations.
If you are a leaseholder, you cannot change the lease terms without agreeing such change with your landlord. The reason for this is that as the lease is a contract between two parties, the leaseholder and the landlord, both parties must agree to change (referred to also as variation) of the terms of the lease.

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