Posted by TenantNet on March 05, 1997 at 12:01:32:
In Reply to: Lease renewal rider? posted by jeff on March 04, 1997 at 13:24:41:
: Isn't there supposed to be a renewal rider for rent stabalized renewals or
: has that changed somewhere along the line. I ask cause my landlord has failed
: for years to get me the renewal in the prescribed 120 days. and I have used the 120 from
: date of renewal as a result.
Yes the rider is required and if not served, you can make a complaint to DHCR.
They will give the owner another chance and they will break the law if he subsequently
serves the rider by forgiving him and denying the overcharge application.
The law has not changed on this. As for signing a lease, the owner is required
to notify the tenant of the lease renewal between 120 and 150 days prior to
expiration of the current lease (this is the "offer" and it absolutely must be
at the same rent plus only allowable legal adjustments and on the same terms and
conditions; else it's an invalid offer, i.e., a nullity). The tenant then has
60 days to accept or reject the offer (the "acceptance"). SIgn the copies and send back
to the landlord via certified mail and make a copy of what you sent them. If the rent
on the renewal form is illegal, make a notation that it is not at the "legal rent"
or not on the same terms and conditions. After the the owner is required to "execute"
the accepted lease offer and return to the tenant in 30 days. If the landlord
refuses, you can go to DHCR, but chances are they will do nothing or apply the
law incorrectly. You would probably be better off in court with a lawyer who
knows this stuff.
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