Posted by TenantNet on August 04, 1997 at 18:00:52:
In Reply to: 60 day rule for renewal - eviction posted by Tom Livac on August 04, 1997 at 14:55:58:
: I've lived in the same rent stabilized apartment in NYC for 7 years. I
: renew this lease each year for the next. Over the past 7 years, I've sent
: back the signed lease to the landlord between 2 and 30 days before the
: lease was to expire. This year, I got an eviction notice on July 10 stating
: I didn't get the lease back in time. Would a judge take into consideration
: the fact that regardless of the rule, a precedent was followed by me and
: accepted by the landlord each year until now?
We have fact sheets that cover this, but in general, the owner must make
an OFFER to you 120-150 days before your lease expires. It must be at
the LEGAL rent and on the SAME TERMS AND CONDITIONS as the expiring lease.
You then have 60 days from receit to ACCEPT the OFFER. Make a copy and
send it back certified mail. Then the owner has 30 days to EXECUTE the
ACCEPTED lease and return it signed to you.
Case law generally holds (there's a long line of cases on this) that
minor errors and missed deadlines should not cause the eviction of the
tenant, especially if you can show various things that showed your "intent
to renew". But, some owners will make the assumption you are leaving if
they don't hear from you, after all they are in business and must
consider re-renting the unit.
: It's pretty strange that they
: decide to crack down now after they lost their bid for the repeal of the
: rent control guidelines.
Who told you that nonsense? Believing the papers? (there is no such thing
as "rent control guidelines"). Tenants lost very very big and landlords
won enormous rollbacks of tenant protections. They are cracking down
because they got vacancy decontrol (they just call it something else, but
believe me, they got it and it was given to them on a Silver platter).
You may need a lawyer on this one.
If you lose your home, will you still believe tenants won?
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