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Posted by Mark Smith on October 22, 1999 at 16:06:50:

In Reply to: Signed 1 year lease-LL thinks its 2 years! posted by Maria on October 22, 1999 at 15:17:24:

You can't be evicted because of the landlord's mistake. And why complain? Continue paying what you are being billed. If the landlord finally realizes his mistake, the renewal increase will be delayed.

You can still try to have repairs made, including calling HPD, filing with DHCR, bringing an HP action in housing court, or withholding rent. Of course, this may cause the landlord to realize the mistake about the renewal lease.

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: I have lived in my rent stabilized apt in Queens since June 1994. Last year I signed a one year renewal lease which expired this June 1999. LL has not sent me a renewal lease but has continued to accept my monthly rent checks. I received notification by mail from DHCR that my lease is for 2 years and expires in June 2000. Obviously the LL has made an error and has yet to realize. Where do I stand now? Can I be thrown out of my apt with 30 days notice if LL discovers his mistake, or can I still file a failure to renew lease form? I'm having some problems getting repairs done in the apt and want to know my legal stance. Many thanks!

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Comments:
: You can't be evicted because of the landlord's mistake.  And why complain?  Continue paying what you are being billed.  If the landlord finally realizes his mistake, the renewal increase will be delayed.  

: You can still try to have repairs made, including calling HPD, filing with DHCR, bringing an HP action in housing court, or withholding rent.  Of course, this may cause the landlord to realize the mistake about the renewal lease.

: :
: : I have lived in my rent stabilized apt in Queens since June 1994. Last year I signed a one year renewal lease which expired this June 1999. LL has not sent me a renewal lease but has continued to accept my monthly rent checks. I received notification by mail from DHCR that my lease is for 2 years and expires in June 2000. Obviously the LL has made an error and has yet to realize. Where do I stand now? Can I be thrown out of my apt with 30 days notice if LL discovers his mistake, or can I still file a failure to renew lease form? I'm having some problems getting repairs done in the apt and want to know my legal stance. Many thanks!


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