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Lease and rider have different end of lease dates

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

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Lease and rider have different end of lease dates

Postby Kdreilly » Thu Jan 07, 2021 3:58 pm

Much like everyone in the city, I'm having financial difficulties in staying at my apt. Since the pandemic I have been able to pay rent on time, but with further job cuts, it's getting harder and I am thinking about moving home with family.

The issue is, my official lease as well as my rent stabilized form says the end of my lease is 3/31/2021, however there is another separate form with a rider indicating my lease is up 6/30/2021. I have been trying to work with my landlord to go month to month, but they won't change my current lease. I can try to budget until the end of March but to continue until June isn't doable.

My question is, would I have any rights to state that the end of my lease is up on 3/31 according to 2 documents that I signed, or does the rider carry as much weight as the original lease?

Thank you all and stay safe and healthy.
Kdreilly
 
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Joined: Thu Jan 07, 2021 3:48 pm

Re: Lease and rider have different end of lease dates

Postby TenantNet » Thu Jan 07, 2021 5:05 pm

You posted in the rent regulated section, so are we to assume you are rent stabilized?

How long have you lived in the unit, i.e., what year did you take occupancy? Have you received RS renewal leases on the official DHCR renewal form (RTP-8)? It must look like this? https://hcr.ny.gov/system/files/documen ... 6-2020.pdf

You refer to your "official lease" and "rent stabilized form." What do you mean by that? Seriously I don't know what you mean by that. There is the vacancy lease you signed when you moved in, and to that must be attached the informational DHCR rider -
https://hcr.ny.gov/system/files/documen ... 9-2019.pdf.

At the end of every 1 or 2 year term, the LL must offer you a renewal lease on the RTP-8 form. They must also attach the DHCR rider each and every time. The DHCR rider is informational and does not become a part of the lease itself.

If not the DHCR rider, then what is the nature of the rider they sent to you? Have you received this same rider on each and every renewal lease since you took occupancy? What does it say, or what is the jist of it? Some additional riders are illegal or unenforceable. Renewal leases must be on the same terms and conditions as the expiring lease.

I would think the date on the rider, if it differs from the renewal lease, depends on what the rider says.

BTW, you can't go month-to-month when you have a RS lease. Even if the LL refuses to give you a lease, some will say you are then month-to-month, but you still have all RS protections. It would still be a RS lease (if they cash the rent checks), but only for one month at a time.

If you wish to move, of course you can do so. Nothing is stopping that. The question is can the LL come after you for the rent for the unpaid months? Right now the courts are essentially closed and it will likely be a long time until they can come after you.

You have options, albeit a bit complicated ... you can sublet or assign the lease. The 2019 rent laws require the LL to make an attempt to mitigate its loss if a tenant moves out. But mitigation can mean different things. If they take you to court (after you move out and haven't paid rent for the rest of the lease), they must show they tried to re-rent the unit at the same high rent.

See out thread on mitigation at http://tenant.net/phpBB3/viewtopic.php?f=15&t=9801

And we just discussed mitigation a few days ago on this thread:
http://tenant.net/phpBB3/viewtopic.php? ... ate#p59811
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Re: Lease and rider have different end of lease dates

Postby Kdreilly » Thu Jan 07, 2021 9:00 pm

Hi! Thanks for replying! I'm sorry, I was not able to uploaded the documents I was referring to. Yes, I am rent stabilized, and I have been living here since April 1st of 2019. My question should have been, because there are two different dates across my lease documents, one for 3/31 and one for 6/30, would I be able to end my lease on 3/31 per two of the main documents (standard form of apartment lease and NYC lease rider for rent stabilized tenants) or am I held to the 6/30 date according to the "residential stabilized lease rider." I would l ile to be able to legally end my lease on 3/31, however, there is another form that said my lease is to end on 6/31. Thank you!
Kdreilly
 
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Joined: Thu Jan 07, 2021 3:48 pm

Re: Lease and rider have different end of lease dates

Postby TenantNet » Thu Jan 07, 2021 11:32 pm

Assuming you have a scan of the documents (please, in PDF format only), click the "PM" button the left of your post to send a private message and attach the documents at the bottom of the screen. Never upload personal information to a public forum (or give personal details). Alternatively you can send email to "tenant - at - tenant.net."

OK, so you have a two-year lease, presumably it's a RS lease in proper form. Renewals must be based on the same terms and conditions of that lease (if you wanted to renew). The LL should have offered you a renewal between 90 and 150 days prior to the current lease's expiration.

I haven't seen what you call the "RS lease rider," but if it is the same one I indicated above (11 or 12 pages - see the URL link), then that is the DHCR informational rider, and as I said, it is informational only. There is a section in the informational riders where the LL has to explain what the previous rent was and how the new rent is calculated. I'm assuming that is what you mean.

If so, then that is not part of your lease and whatever date is written there is not part of your lease. Is the LL saying it is?

Also, for RS leases, the LL must offer a one or two year lease. They can't offer a lease of 2 years and 3 months. So 4/1/19 to 3/31/21 is two years.

You don't have to inform the LL of hour intent to move. You can just move, but I don't see any downside of your telling him. Be sure to do a walk-though with the LL (and a witness), take many photos and document your turning the keys over to the LL. Otherwise they will claim you never moved out and still owe rent.

See the two posts I posted this week on LLs obligation to mitigate damages (and the post in our reference section). However that only is an issue if you leave prior to the lease's expiration ... which you say it is not.

Be careful about getting your deposit back. I know some tenants withhold the last month's rent in order to get back the deposit. But some will tell you that shouldn't happen that way, and it would not absolve you of being responsible for real damages. Understand that many LLs have a habit of inventing fake damages.

If it gets sticky, then you might wish to consult a tenant attorney.
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Information from TenantNet is from experienced non-attorney tenant
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