Posted by georgygirl on January 17, 2001 at 12:45:28:
In Reply to: Re: Landlord sent offer letter to vacate. Help! posted by gary on January 13, 2001 at 14:44:13:
Thank you so much for your advice, Gary! After a couple of days of having the notice from the landlord sink into my brain, I realize thanks to you and everyone who has responded that my position is not as weak as I thought it was. I also think it's awfully cruel of the LL to scare people about their homes. About your question about the lease renewal, no, I have not yet received the lease renewal form. Should I wait it out til March to find out or should I ask about it now? OR should I just not bother with LL and file with DCHR now?
I was told by a friend that I should call Department of Housing and find out if the LL has asked for a MCI. The friend was under the impression that the LL has to send in papers to get permission first before doing the repairs, no? Seeing that it's only January, and he mentioned the roof and windows, is it not possible that he could not start fixing these things now because of the weather conditions? Also, if I re-sign, with let's say the two year option, which is 6%, and the landlord turns around and hits me up with another 6% for approved MCI (I understand from my readings that LL can only charge up to 6% for any given year), could he also charge retroactively, even though the building has not been in his possession for even a year? Also, how much more of these increases can he find to get away with per year under the current rent stabilization laws if I decide to stay?
The amount he's offering for me to vacate (he makes no mention of whether this is a permanent vacate or not) is certainly not enough for me to uproot, pay a real estate agent, take time off from work, pay a months rent and security (maybe more) and move everything. It's an insult to say the least.
You mention that if he's late with the lease that it pushes up the renewal date? Is this true? By how much? Thank you for being so patient in reading what I wrote and answering me.
: Calm down..... you are in a strong position. You can either accept his offer -- which may or may not be a good one-- or stay.
: If you stay, you are entitled to a renewal lease. The increases will be at the guideline rates.
: Research on this boardwhen he is supposed to give you a renewal lease. I think it is no less than 120 days before the termination of the lease. For you that is Jan. 1, I believe.
: If he is late supplying you with a new lease, he is already violating the law.
: If so, that puts ahead the date for renewal of the lease. You would need to file a DHCR complaint to enforce your rights.
: Now, let's say you decide to stay. He can apply for a MCI--major capital improvements--increase, at the conclusion of his repair work. This can result in a rent increase, if tenants do not contest it or the increases are approved by the DHCR. Afraid I have little familiarity with the MCI process, but this board has tons of stuff on that.
: I do know that you can tie him up with the DHCR for aeons.
: Or you can take his offer or try to get him to increase it.
: If you leave, how much more will you have to pay? Will five months increase pay for your increased rent? It may not. You rented in '94, when rents were still pretty cheap. I'll bet his offer is simply not going to be enough. Shop around--see what the current rents are.
: Then research the MCI question and see how much your rent may go up if you stay.
: You may want to come back with a counteroffer--ten months rent. Twenty months rent. Analyse the economics first.
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