Posted by DK on September 02, 1999 at 22:24:09:
In Reply to: No Lease Now, should I be asking for one? posted by Benny on September 02, 1999 at 20:30:08:
: I was on a one year lease that has since expired. My landlord has not made a move to
: have me sign a new lease. Should I be asking/demanding one from him for my own protection?
: Can any of the the provisions in the old lease be enforced?
If you are subject to rent stabilization, you actually benefit from the landlord's delay in offering you a renewal lease because the landlord cannot get a rent increase until 120 days after you are offered the renewal.
If you are not subject to rent stabilization, you become a month-to-month tenant, which means that the landlord can terminate your tenancy by giving you 30 days formal notice.
I often advise rent stabilized clients to send the landlord a letter confirming that they would be willing to renew the lease if a renewal were offered. Send the letter by first class mail with proof of mailing. Such a letter is handy if the landlord should claim later that he mailed you the renewal notice but you failed to respond.
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