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Posted by johnb on October 22, 2001 at 11:13:07:

I have been living in my uncle's apartment for over a year. My uncle has since passed away. It is rent controlled. I informed the management company of his passing and inquired about having me be put on the lease. They said that I had no right of succession since I am only a nephew (and the time - 1 year) and the rent would go up to fair market value. I had no problem with paying FMV for an apartment and was told I needed to fill out an application and send a check for the fee. I completed the form, sent in a check and waited, while continuing to pay the rent.

Now, two months later, the lease is up and they haven't sent me any correspondance relateed to a new lease. I just received a letter, along with my latest uncashed rent check stating the cannot accept the check pending legal action.

When I called the company they told me they are not renting any aprtments and the person I spoke with initially is actually the head of the legal department (I was told she was an agent). Initially when I spoke with her she seemed like this was just a routine call.
I'm afraid the application and check I sent in (in good faith) was to be used against me from the beginning.

So now, I am waiting for the legal documents, not knowing how long I have until I have to move. I do not want to get into a long and costly legal battle if I am ultimatly going to lose.

Do I have any rights as a tenant since the lease is up and I have not lied there for two years? I do have utility bills and other mail in my name.

And as an aside, can any of this affect my credit?

Thanks for any advice or help you can give me.

Follow Ups:

• speak with an attorney PRONTO Ace 10/22/01 (0)

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Comments:
: I have been living in my uncle's apartment for over a year. My uncle has since passed away. It is rent controlled. I informed the management company of his passing and inquired about having me be put on the lease. They said that I had no right of succession since I am only a nephew (and the time - 1 year) and the rent would go up to fair market value. I had no problem with paying FMV for an apartment and was told I needed to fill out an application and send a check for the fee. I completed the form, sent in a check and waited, while continuing to pay the rent. 

: Now, two months later, the lease is up and they haven't sent me any correspondance relateed to a new lease. I just received a letter, along with my latest uncashed rent check stating the cannot accept the check pending legal action. 

: When I called the company they told me they are not renting any aprtments and the person I spoke with initially is actually the head of the legal department (I was told she was an agent). Initially when I spoke with her she seemed like this was just a routine call.     
: I'm afraid the application and check I sent in (in good faith) was to be used against me from the beginning.

: So now, I am waiting for the legal documents, not knowing how long I have until I have to move. I do not want to get into a long and costly legal battle if I am ultimatly going to lose. 

: Do I have any rights as a tenant since the lease is up and I have not lied there for two years? I do have utility bills and other mail in my name. 

: And as an aside, can any of this affect my credit?
:  
: Thanks for any advice or help you can give me.


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