I have lived in a rent stabilized apartment high rise since Sept 2008. Initially there on a 2-year lease, when it expired in August 2010, I did not file a renewal lease but paid the newly negotiated rent. I never received any notice that this had obligated me to a deemed lease (I didn't know such a thing existed at the time).
I continued to live there and in June 2011, again received a renewal lease to sign. I worked with management on negotiating the rent increase which was not agreed to until September 1, 2011 (what would be the first day of the "new" lease term - this agreement took place over email which I have saved.)
Again, I paid the new rent but did not sign or send in a renewal lease. I never received or was notified of a deemed lease. On November 15, management asked for a status of our lease since they hadn't yet received it. ON November 21, I notified management that we were planning to vacate the apartment and could provide 30-60 days notice based on what was best for them.
They aren't working with us, first proposed we pay 2 months rent as a penalty fee and when we counter offered, they've gone silent - won't answer calls or emails despite 10 attempts per day.
My understanding from speaking with tenant lawyer and DHCR is that the deemed lease is in effect once we paid the agreed rent for a renewed 1-year lease. HOWEVER, that the landlord was legally obligated to send us a copy of the completed deemed lease within 30 days of our payment. Since they didn't and still haven't explained this to us (despite our numerous requests to understand) - can someone advise me on how this might play out?
We have tried to work with them, we don't want to be evicted or break the law. We're trying to get a second bedroom and move out of manhattan for our 8 month old baby. Before we sign a lease elsewhere, I'd like to be advised on possible repercussions of giving 30-60 day notice that we're vacating and beyond that stopping payment on the apartment.
Please help!