Posted by James on October 24, 2001 at 03:19:59:
In Reply to: Re: 1 bedroom in NYC, need help with renewal lease. posted by consigliere on October 21, 2001 at 09:42:35:
Please do not follow the previously offered but well intentioned advice.
FACT: IF YOU FAIL TO RENEW YOUR LEASE YOU BECOME A MONTH-TO-MONTH TENANT AND YOU LOSE RENT-STAB STATUS
Rent-Stab status is conferred through statues in conjunction with an active lease. Rent Control status is not lease dependent.
You can be evicted with a simple 30-day notice as a month-to-month tenant. Remember it is each person's responsibility to be aware of the law, and it is best to not rely on the super or landlord, at best, they may be ill-informed, at worst, plotting and manipulative. Rent stabilization is a boon to those who have it and it is getting increasingly harder and harder to get an apartment with this, a lease is a legal document that binds you and the landlord, you should not give this up so easily. It is far better to pay the increase than risk your home because the landlord suddenly wants you out.
You need to speak to the DHCR and file some paperwork on the landlord failing to timely offer you a lease renewal. They are required to send it certified mail so your landlord should have some record. Most likely he hasn't sent it, and it is a great way to push out the unwitting. DON'T WASTE ANY TIME, CALL THE DHCR AND TELL THEM THAT YOU HAVE ASKED THE LANDLORD TO RENEW YOUR LEASE AND HE HASN'T, they should guide you through the rest.
: The superintendent gave you good advice. All a renewal lease does is let the landlord raise your rent. Without a renewal lease, you are still protected by rent stabilization, and you should continue to pay the rent specified in the most recent lease.
: If it would make you would feel more comfortable, you could file a complaint with DHCR about the landlord's failure to offer a renewal lease. Any rent increase under such a renewal lease would not be retroactive.
: : I live in Ridgewood, Queens in a rent stabilized apartment and have been living in a one bedroom apartment for over three years. I started my tenancy with a form letter lease (one year) and received a DHCR lease after the year was up. The current DHCR lease that was for two years ran out recently and the landlord hasn't renewed my lease (yet).
: : When I asked my super about the renewal lease, he stated that it is better to be without the lease, because the landlord wont raise the rent.
: : My question is: If I live in rent stabilized apartment and don't receive yearly (or two-year) leases what happens to my tenancy? Do I continue to pay the agreed rent and assume I am still rent stabilized or insist on that lease with the increase (4%=1yr 6%=2yr) and have rent stabilization protection? Am I being setup for some eviction plan or something?
: : Thank you in advance.
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