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Rent-stabilized with no lease renewal

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Rent-stabilized with no lease renewal

Postby 3cw9dv » Thu Jul 02, 2020 3:43 pm

Building Details: Upper Manhattan, prewar ~1920, 40 units, RS

Situation: I am the primary tenant of an RS apartment. My lease ended this past winter but I didn't receive a lease renewal form despite requesting one from my LL via email. I've been on time with my rent payments and haven't had any issues with the LL during the 4+ years I've lived here.

Fast forward to today, I've decided to move out and sent my LL a 30-day notice with the understanding that I'm on a month-to-month arrangement since I never got a lease renewal form. They responded that I'm not month-to-month and that they will send me a lease renewal form "again" for me to sign. I'm confused about this response. I'm still leaving at the end of this month so I'm not sure what they're trying to accomplish. I'd appreciate any kind of insight/advice on this situation.

1. To confirm, if I never got a lease renewal does it mean that I'm month-to-month after the lease expired?

2. Is there anything I need to be aware of in terms of legal actions my LL could take when I move out?

3. Since my LL has been unresponsive/uncooperative what are some best practices for me to cover myself when I move? I'm planning on taking pictures of the apartment when I leave and have the super sign a key return form when I give the keys back. Would this be sufficient and are there any other actions I could take?
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Re: Rent-stabilized with no lease renewal

Postby TenantNet » Thu Jul 02, 2020 4:47 pm

First off, as a RS tenant, understand that the LL's failure to give you a lease means almost nothing. Seriously, you are a (sort of hybrid - legal experts have varying opinions) month-to-month tenant with RS rights. And - to your benefit, your rent can't go up. That's pretty good. (I'm assuming this is not a J-51, 421(a) or 80-20 situation)

So unless you have other compelling reasons to move out -- don 't do so. You would be CRAZY to move out just because the LL is playing those games. My LL hasn't given me a lease in almost ten years and my rent is still the same.

They say they will send you a renewal "again." My LL plays the same game. Unless they provide you with trackable certified mail numbers, don't buy that lie. And do not let them pre-date a re-sent renewal lease to commence some date in the past. Look at the instructions on the back of the RTP-8 form (the only official renewal form) at https://hcr.ny.gov/system/files/documen ... /rtp-8.pdf
This is the latest version from DHCR.

The commencement date of any new lease term does not start until you get the lease. If they do send you one now, your new renewal lease would not commence until after 10/1/20 and be subject to the RGB percentage increases, which for all leases commencing after 10/1/20 is zero percent for a one-year renewal.

If you are dead-set on leaving, well you can do so. Just understand finding another RS unit is not that easy. You might be better off with what you already have.

Even if you are not a M2M tenant, even if you did receive a lease renewal, that you didn't accept the offer means your lease will end when it ends and you can move out, even without notice to the LL.

On moving, yes take many photos, have a walk-through with the super and have a witness. Make sure you get a receipt for turnover of the keys.
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Re: Rent-stabilized with no lease renewal

Postby 3cw9dv » Thu Jul 02, 2020 5:54 pm

Thank you for the info/advice! It gave me peace of mind. Sorry, I should have mentioned, I'm moving out of the city for family reasons (not because of my LL), but it's good to know how to handle a situation like this for future reference. Much appreciated!!
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