Posted by Anna on April 21, 2000 at 16:55:47:
In Reply to: lease renewal is screwed up posted by ann on April 20, 2000 at 09:47:07:
: I have been living in a rent stabilized apartment for 20+ years. My landlord has tried to evict me in the past, but had no legitimate reason.
: the last time we were in court, he was ordered to renew my lease for two years, which he did. That lease expired on Oct. 31, 1999.
: By law, my landlord should have sent me a renewal form last August. He did not, and I sent him a certified letter stating I had not received the renewal offer. I continued to pay my rent (at the old rate), and have been paying it through this month. Each month he returned the checks.
: I just received the renewal form, dated April 2000 (no specific day noted). He has written in 11/1/99 as the date of commencement, ending 10/31/01. The lease clearly states that the renewal lease shall commence "not less than 120 days no more than 150 from the date of mailing."
: The envelope he sent this in is postmarked April 18.
: Should this lease properly begin on June 18, 2000? Should I change the date, initial it, sign and return to him (which is what I believe I should do)?
The lease can begin on the same day of the month as the previous lease EITHER on the date it would have started if the landlord had offered it properly before expiration OR on the same day of the month immediately following 120 days from the date of the offer. If your old lease starts the 1st of the month, the new lease the 1st of the month following 4/18 + 120 days.
Do not make any alterations to Renewal Lease Form [DHCR form RTP-8], the form the landlord MUST use. Instead: read the CTRC fact sheet http://www.tenant.net/Rights/CTRC/ctrcf100.txt then call DHCR to confirm: send a letter back to your landlord, certified RRR, requesting a new Form RTP-8 with the correct dates.
ps: Was there a DHCR Rider attached? Read the DHCR Fact Sheets on TenantNet or on http://dhcr.state.ny.us/ora/ora.htm
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