TenantNet Forum

Where tenants can seek help and help others



Minimum notice on renewing stabilized lease?

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

Moderator: TenantNet

Minimum notice on renewing stabilized lease?

Postby NoMoreAds » Mon Jan 25, 2021 5:20 pm

Apologies if this question is in another thread – all the ones I see have different nuances to them.

My rent stabilized lease ends on March 31. I’m hoping to move. How much notice do I have to give landlord? 30 days? 60 days? I don’t see anything on my original lease.

I would like to wait until I officially sign a new lease before I officially inform landlord. Probably March 1.

The landlord has not sent me a lease renewal yet (they are never on time) and I would get 60 days to sign that. So if I got the lease renewal today, those 60 days to sign would place me in late March. That would be 10 days notice I was not renewing the lease. Is that ok? And what if they don’t send the renewal lease until March, which is often the case?

In normal times, I would have counted on the landlord being happy to get my apartment at any time so they could raise the rent – but with all the vacancies in the neighborhood I can’t count on that.

Thanks, as always.
NoMoreAds
 
Posts: 32
Joined: Tue Jun 03, 2008 7:11 pm

Re: Minimum notice on renewing stabilized lease?

Postby TenantNet » Mon Jan 25, 2021 7:26 pm

The quickest reply is to see form RTP-8 at https://hcr.ny.gov/system/files/documen ... 6-2020.pdf -- and on the second page are all the rules. The LL must use the RTP-8 form when offering a renewal.

LL's must offer a renewal between 90 and 150 days prior to expiration of the current lease. So if you got one today, then you could choose to have a new lease commence 90 days at a minimum.

You don't have to give the LL any notice, we believe, for RS tenancies. Also see the Levobits documents at viewtopic.php?f=24&t=13981

Look at/download Part 1. See page 39, but understand that's for unregulated and month-to-month tenants. Notice requirements are usually for mid-lease or M2M. When a lease ends, unless renewed, it's over and no notice is required in our view.

But if you're concerned, go ahead and give the LL 30 days' notice.

That's our view. But if you're concerned, I would consult with a tenant attorney. I would always go with the RTP-8 rules.

Also understand, even if you stay beyond any lease term the LL offers, they would have to take you to court to get you out ... and the courts are, for all intents, closed.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9649
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Minimum notice on renewing stabilized lease?

Postby NoMoreAds » Mon Jan 25, 2021 9:01 pm

Thanks for the reply.

Starting from the bottom – I don’t want to ever end up in court – trying to find out my obligations to avoid ever having to go to court.

The RTP-8 form is all about renewing – the rules the landlord has to follow and the rules the tenant has to then follow. As far as I see, it says nothing about if a tenant doesn’t want to renew.

I had seen the Levobits pages – it does contain the sentence “Under prior and current law, tenant need not give notice before vacating.” But it doesn’t link it to any exact law or rule or statue.

I AM very happy you don’t know of a law that says “Tenant MUST provide # of days’ notice to landlord”. At the same time, I’m kind of shocked there isn’t a law that addresses a Notice To Vacate on regulated units.

Thank you!
NoMoreAds
 
Posts: 32
Joined: Tue Jun 03, 2008 7:11 pm

Re: Minimum notice on renewing stabilized lease?

Postby TenantNet » Mon Jan 25, 2021 10:34 pm

There is a law (RPL) as to notice of vacating ... and it applies to M2M and mid-lease tenancies. The reason you don't see a law for tenancies that have expired is that, by definition, the tenancy is done and over with, and presumes the tenant is gone. If a tenant is still there a few things can happen.

If the tenant pays rent and the LL accepts it, then it becomes a M2M tenancy.

If the LL does not accept it (or the tenant doesn't offer it), the the tenant is "holding over" and the LL can take the tenant to court seeking possession.

So if your lease is over on March 31, and if you're ready, then just move. No notice is needed. If you want to tell the LL, you can. In rare cases where the LL is human, he/she might appreciate the heads up and be more cooperative as to your deposit, etc.

The laws specified in the Lebovits article relates to notices that LLs must give to tenants. Here, we're talking about notices that might be required for the tenant to send the LL. They are not the same.

Of course when you do leave, it might be wise to clean the place and have a walk-through with the LL. Take many photos.

Also make sure possession of formally given back to the LL by the surrender of keys. Get a receipt from the LL. Good to have a witness.

Look at your lease carefully. While some provisions might be unenforceable, if it makes life easier, then go ahead to move things along.

One tenant attorney stated:

Unless and until physical and legal possession is turned over to the landlord the tenant remains liable for the rent. Almost always this is evidenced by tendering the keys. I generally also write a surrender letter, delivered in the manner required by the lease, which accompanies the keys and clearly states that the tenant has surrendered possession, that there are no persons or entities in or claiming possession of the space and that all possessions have been removed or are abandoned.

I would add that if there is no lease, I would deliver the letter and keys in some manner that could be traced and is quick-hand delivery, overnight delivery.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9649
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Minimum notice on renewing stabilized lease?

Postby NoMoreAds » Mon Jan 25, 2021 10:39 pm

Can I make you cookies!?!?
NoMoreAds
 
Posts: 32
Joined: Tue Jun 03, 2008 7:11 pm

Re: Minimum notice on renewing stabilized lease?

Postby Landlords Boy » Mon Feb 01, 2021 12:45 pm

"As far as I see, it says nothing about if a tenant doesn’t want to renew."

Third checkbox, just above signature line, is where you can choose not to renew.
Landlords Boy
 
Posts: 58
Joined: Fri Nov 01, 2013 9:29 am
Location: United States

Re: Minimum notice on renewing stabilized lease?

Postby TenantNet » Mon Feb 01, 2021 3:03 pm

But AFAIK, just informational for the LL. A tenant can just let the current lease run out.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9649
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Minimum notice on renewing stabilized lease?

Postby NoMoreAds » Tue Feb 02, 2021 6:57 pm

Hi Landlord's Boy -
Yes that box is there if I ever get a lease to renew.
The question was am I legally obligated to give notice - if so how many days.
That's where there is no official language anywhere I can find.

Thanks
NoMoreAds
 
Posts: 32
Joined: Tue Jun 03, 2008 7:11 pm

Re: Minimum notice on renewing stabilized lease?

Postby TenantNet » Tue Feb 02, 2021 7:28 pm

Why keep asking? I already answered this.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9649
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Minimum notice on renewing stabilized lease?

Postby NoMoreAds » Thu Feb 04, 2021 12:52 am

I was responding to Landlord's Boy

I thought I expressed my joy to your answer by offering you cookies!!
NoMoreAds
 
Posts: 32
Joined: Tue Jun 03, 2008 7:11 pm

Re: Minimum notice on renewing stabilized lease?

Postby TenantNet » Thu Feb 04, 2021 1:53 am

Thanks, but trying to lose weight.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9649
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City


Return to NYC Rent Regulated Apartments

Who is online

Users browsing this forum: No registered users and 18 guests