Posted by TenantNet on July 16, 1997 at 14:51:48:
In Reply to: where's my renewal leas posted by Christina A. on June 30, 1997 at 19:52:09:
: I am a tenant in a rent stabilized apartment for a little over a year.
My original lease was from April 15, 1996 to April 30, 1997. My landlord
sent me my Renewal Lease Document approximately 2 monts before the end of
the lease. Stated in that, my rent increase according to rent increase
guidelines went up by $57.50 Thus, along with my increase rent, I sent
him additional money for my security deposit (which went up $57.50 as
well). It is now June 30th and I still do not have a signed copy from my
landlord of the Renewal Lease Document.
: Question #1: What should I do?
For RS tenants, the owner is required to make a lease offer (at the legal
rent and on the same terms and conditions as the expiring lease) within
120-150 prior to the expiration of the current lease. If he delays, then
you can opt to go with a renewal commencement 120 dayys from when the
offer takes place. Once you get it you have 60 days to accept or reject the
renewal. Make a copy and return it certified mail. Once the owner gets it,
he should execute it and return it to you within 30 days. If you don't get
it, then ask. If he doesn't return it, then no increase can take place until
he does. You can file with DHCR (not recommended) or go to court by not
paying the demanded increase and using his delay as a defense.
: For the June 1997 rent, I mailed my check (which was dated June 2nd)
on june 3rd, or June 4th. My landlord did not cash the check until June
19th, and now he is charging me a late fee of 5% my rent.
Don't pay it. A late fee is not rent and he can't take you to Housing
Court for non-payment of a late fee. (he could try civil court) and
it may depend on your lease. I would just ignore it noting when you send
the rent in and his delay.
: Question #2 How can he do this?
Because he's a landlord and there's no enforcement of the laws in NYC.
Is there a way for me to show I sent the check on time?
: Question #3: Is he even entitled to collect a late charge, considering I don't even have a signed copy of the renewed lease in my hand?
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