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Posted by Benny on September 03, 1999 at 00:19:12:

In Reply to: Re: No Lease Now, should I be asking for one? posted by DK on September 02, 1999 at 22:24:09:

: : 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.
I am not rent stabilized. Even though now I am month-to-month (because the lease ended over a year ago, can any of the the provisions in the old lease still be enforced?

Follow Ups:

• Month-to-Month DK 9/03/99 (0)

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Comments:
: : : 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.
: I am not rent stabilized. Even though now I am month-to-month (because the lease ended over a year ago, can any of the the provisions in the old lease still be enforced?  


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