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Posted by DK on November 15, 1998 at 15:26:44:

In Reply to: Lease renewal vs apartment renovation posted by miztred on November 12, 1998 at 13:02:11:

If you are rent stabilized the landlord has to offer you a renewal lease unless one of the few exceptions applies. If the landlord is seeking to use one of those exceptions, then they have to serve you a notice of non-renewal telling you the details of the claim that no renewal lease is required. That non-renewal notice must be served at least 120 days, but not more than 150 days before the expiration of the lease.

If you did not get a non-renewal notice, then you cannot be evicted even if the landlord never sent you a renewal lease. Just to make sure there's no monkey business, if the landlord did not send you a renewal lease and your lease is about to expire, you might send a letter by certified mail asking for your renewal lease. You could also send a complaint to DHCR (which I think is a waste of time). Some would say don't do anything at all because the landlord can't raise the rent until he sends you a proper lease renewal notice.

If the landlord did not send you a non-renewal notice 120 days before your lease expiration date, you're now in the driver's seat. You can't be forced to move. If you are interested, you could negotiate for the best deal that would make you happy. Will the landlord pay you a premium to move? Will you get better space?

In order to negotiate well, figure out how much the deal is worth the landlord and make sure you get your fair share. If it's not enough, forget about it and enjoy your current space.

: First, despite his wishes that we leave, isn't the landlord required to offer us a lease renewal anyway?

: Second, do we have any special rights (e.g. reimbursment for relocation exspenses) since we are literally being forced (albeit asked real nicely) out of an apartment we would otherwise remain?

: Any info, or related experiences would be appreciated.

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Comments:
: If you are rent stabilized the landlord has to offer you a renewal lease unless one of the few exceptions applies. If the landlord is seeking to use one of those exceptions, then they have to serve you a notice of non-renewal telling you the details of the claim that no renewal lease is required. That non-renewal notice must be served at least 120 days, but not more than 150 days before the expiration of the lease. 

: If you did not get a non-renewal notice, then you cannot be evicted even if the landlord never sent you a renewal lease. Just to make sure there's no monkey business, if the landlord did not send you a renewal lease and your lease is about to expire, you might send a letter by certified mail asking for your renewal lease. You could also send a complaint to DHCR (which I think is a waste of time). Some would say don't do anything at all because the landlord can't raise the rent until he sends you a proper lease renewal notice.

: If the landlord did not send you a non-renewal notice 120 days before your lease expiration date, you're now in the driver's seat. You can't be forced to move. If you are interested, you could negotiate for the best deal that would make you happy. Will the landlord pay you a premium to move? Will you get better space? 

: In order to negotiate well, figure out how much the deal is worth the landlord and make sure you get your fair share. If it's not enough, forget about it and enjoy your current space.

: : First, despite his wishes that we leave, isn't the landlord required to offer us a lease renewal anyway?

: 
: : Second, do we have any special rights (e.g. reimbursment for relocation exspenses) since we are literally being forced (albeit asked real nicely) out of an apartment we would otherwise remain?

: 
: : Any info, or related experiences would be appreciated.


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