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lease renewal and subletting

Posted by NK on April 09, 2000 at 18:12:42:

My lease expired for my rent stabilized apartment in September, 1999. I sent the landlady (who lives in my building) a letter (return request receipt) informing her that my lease had expired and requesting a renewal lease. In October, I sent a complaint to DHCR for failure to renew a lease. The mediation counselor stated that the only thing a lease does is raise my rent, so I withdrew the complaint.

In March, my landlady's son told me that he had the lease ready and wanted me to sign it that week. This act made me nervous because my landlady and her son hate me for making heat complaints to DHCR and have threatened to evict me, stating that the son needed a place to live. I learned that a personal eviction can only occur if the landlady informs me 6 months before my lease expires. Hence without a new lease, they could not inform me. I did not hear anything about the lease until a few weeks later when the landlady yelled at me to come by her apartment and she would give me a lease. I left 2 notes in her mailbox asking her to place the lease in my mailbox.

Another aspect of this situation is that I am leaving the country in September for 9 months to a year and plan to sublet my apartment during that time.

These are the questions:

1) Do I need to renew my old lease that expired in September 1999 in order to sublet?
2) If the landlady does give me a new lease, do I have 2 months to sign it?
3) What do I do if they will only give me a lease for one year, not two?
4) What do I do if they will not allow me to sublet?

My greatest fear is to be abroad and learn that my landlady is trying to take me to court or mess with my apartment. What are my rights and how can I protect myself?

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